Authority: Uttarakhand High Court
Order Date: 11.09.2026
Case Overview
- Petitioner: Smt Bhagirathi Joshi (resident of Chhadayal Nayabad, Chandra Nagar Colony, Haldwani, District Nainital, Uttarakhand).
- Respondent: Bank of Maharashtra and others.
- The petitioner filed writ petition WPMS/2716/2026 seeking:
1. Certiorari to quash the Sale Notice dated 10‑08‑2026 issued under the SARFAESI Act, 2002 concerning her residential property.
2. Mandamus directing the respondents not to conduct or confirm the proposed e‑auction scheduled for 15‑09‑2026.
3. Mandamus directing the bank to consider her detailed representation dated 27‑08‑2026 (Annexure No.9, Page no.86) and pass a reasoned order after a personal hearing.
4. Mandamus directing the bank to furnish all relevant loan documents, KYC records, mortgage/security documents, valuation signatures, and disbursement records pertaining to the property.
5. Mandamus directing the respondents not to create, confirm, or permit any third‑party interest in the property during pendency of the petitioner's objections.
- The petitioner had earlier submitted a representation to the competent authority of the Bank of Maharashtra on 27‑08‑2026, seeking relief.
Final Outcome
- The Court disposed of the writ petition, directing the competent authority of the Bank of Maharashtra to decide on the petitioner’s representation within one week from the date of presentation of the certified copy of this order.
- The Court allowed auction proceedings to continue; however, the sale resulting from the auction shall not be confirmed until the bank’s decision on the representation is taken.
- The order implicitly requires the bank to provide the petitioner with the requested documents and to refrain from creating any third‑party interest in the property pending resolution.
Topics: Court Order, SARFAESI Enforcement, Auction Stay