Authority: Uttarakhand High Court (Hon'ble Manoj Kumar Tiwari, J)
Order Date: 25-08-2026
Case Overview
- Petitioner: Gurubeer Kaur, who obtained a home loan from Nainital Bank, Branch Dineshpur, Udham Singh Nagar.
- Respondent: State of Uttarakhand and Nainital Bank (as respondent‑3).
- The bank invoked SARFAESI Act, 2002 and issued an e‑auction notice on 08‑08‑2026 to auction the secured asset due to loan default.
- Petitioner filed writ petition WPMS/2596/2026 seeking (i) certiorari to quash the e‑auction notice and (ii) mandamus to restrain any coercive action.
- She claimed outstanding loan of ₹15,74,000 and offered to deposit ₹5,00,000 to stay the auction.
Final Outcome
- The Court declined to grant the relief; instead directed petitioner to deposit ₹2,00,000 within 24 hours and make a representation to the bank’s competent authority for possible one‑time settlement or rescheduling.
- The writ petition was disposed of on 25‑08‑2026.
Topics: Court Proceedings, Banking & Loan Recovery