HARISH SINGH SORAGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner claims himself to be a Guarantor of a loan issued to respondent no.4-M/s Shri Balaji Trading Company by respondent no.3-Union Bank of India. Respondent no.4-M/s Shri Balaji Trading Company failed to repay the loan which resulted into recovery proceedings. In the said proceedings ultimately secured assets owned by the petitioner were put to e-auction and the said secured assets were purchased by respondent no.10 in the said auction. While challenging the e-auction consequent sale on various grounds, the petitioner has come up with a pleading that he is willing to clear all the liabilities against the borrower within a stipulated period.

(2.) Impressed by the said contention of the learned counsel for the petitioner, that petitioner wants to settle the dispute, this Court therefore asked the counsel for respondent no.3-Union Bank of India to seek instructions in the matter only on this aspect as to whether the respondent-Bank accepts such proposal or not.

(3.) An interim order has been granted by this Court on 17/2/2026 whereby it was directed that the sale which has been made in favour of respondent no.10 shall not be confirmed.