Deepa Saha Wins Against Bank of India Attachment

Authority: Uttarakhand High Court (Hon'ble Manoj Kumar Tiwari, J.)

Order Date: 21 July 2026

Case Overview

• Parties: Petitioner Deepa Saha vs Respondent Bank of India (and another).
• Nature: Petition under the SARFAESI Act challenging a warrant of attachment of immovable property.
• Background: Petitioner purchased a property that was mortgaged with Bank of India; borrower defaulted; bank invoked SARFAESI; Recovery Officer, DRT, Dehradun issued a warrant on 9 March 2026.
• Petitioner contended she is a bona‑fide purchaser and should not be liable for the borrower’s dues.
• Court observed that purchase of a mortgaged property leaves the bank’s first charge intact; the petitioner’s contention was not accepted.

Final Outcome

• The writ petition was disposed of; the court dismissed the petition.
• Petitioner was granted liberty to approach the Debt Recovery Tribunal by filing an appropriate application.

Topics: SARFAESI, Banking Recovery