WRIC/40653/2026 of M/S NITIN TRADERS AND 5 OTHERS Vs UNION OF INDIA AND 4 OTHERS on 6 October 2026

1. Heard Mr. Kalp Dev Mishra, learned counsel for the petitioners, Mr. Kuldeep Kumar, learned Central Government Counsel for respondent no.1, Mr. Pankaj Kumar Ojha, Advocate holding brief of Mr. Vivek Mishra, learned counsel for the Respondent-Bank and Ms. Raj Lakshmi Sinha, learned Standing Counsel for respondent no.5.

2. Challenge in this petition is related to valuation of the property that has been sold in proceedings under the SARFAESI Act on account of a commercial loan which was secured by an immovable property and the loan has become a non performing asset. The petitioners seek to challenge the sale which the Authorized Officer held on 03.11.2020 but the petitioners have not challenged the sale certificate creating third party rights. The sale certificate is dated 03.11.2020 which the petitioners have not challenged. Even if we were to permit the petitioner to challenge the said sale certificate, there are laches of almost six years on the petitioner's part in questioning the same i.e. if we permit him to formally challenge it. The relief which the petitioners have sought is for a mandamus simplicitor to revalue the property sold and grant relief. It is perhaps on account of all this delay that the petitioners have not challenged the sale-certificate in the first instance. Third party rights have intervened way back on 03.11.2020 and the purchaser at the auction sale has not been made a party.

3. In the totality of circumstances, we are not inclined to interfere or grant relief which the petitioners seek. The writ petition is dismissed. October 7, 2026 Gaurav Kuls Versus Counsel for Petitioner(s) : Kalp Dev Mishra Counsel for Respondent(s) : A.S.G.I., C.S.C., Satish Chaturvedi, Vivek Mishra (Vivek Saran,J.) (J.J. Munir,J.) M/S Nitin Traders And 5 Others .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad