Morya's Petition to Quash SBI Auction Dismissed

Authority: Hon'ble Manoj Kumar Tiwari, Judge, Uttarakhand High Court

Order Date: 22 September 2026

Case Overview

• Petitioner: Manoj Kumar Morya filed WPMS/605/2015 in 2015 seeking a writ of certiorari to quash the public auction of his secured asset (land and building, Khasra No. 3, 474.53 sq m / 5,106 sq ft, Village Gangapur Kabdal, Tahsil‑Haldwani, District Nainital).
• Respondent: State Bank of India, Lalkuan branch, represented by its Branch Manager.
• The loan taken by the petitioner from SBI Lalkuan defaulted, prompting the bank to invoke the SARFAESI Act, 2002 and auction the secured asset on 17 January 2014.
• The asset was sold to M/s Janhvi Natural Aqua and Beverages for Rs 24,40,000/‑; the purchaser was given physical possession shortly after the auction.
• The petitioner did not implead the auction purchaser nor seek to quash the sale at the time of the auction.

Final Outcome

• The Court held that the relief sought cannot be granted twelve years after the auction concluded and that the auction purchaser is not before this Court.
• Consequently, the writ petition is dismissed.
• The petitioner is at liberty to pursue any remedy available before an appropriate forum.

Topics: Banking, Legal Dispute