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Sukhjeet Kaur vs State Of Uttarakhand & Another

Uttarakhand High Court · Decided on 9 April 2026 · Citation: (2026) 04 UK CK 1665

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 — Section 13(4)
RESULT
Disposed Of
CASE NUMBER
Writ Petition Miscellaneous Single No. 881 Of 2026
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Judgment

12 paragraphs · 369 words

Pankaj Purohit, J

1.

Petitioner was issued a housing loan of Rs.9 lakhs by respondent no.2 on 30.11.2015. Due to certain adverse condition, petitioner defaulted in some of the installments which resulted into making loan account of petitioner as NPA and respondent no.2 proceeded to recover the entire outstanding amount from the petitioner under the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 (for short "The SARFAESI Act, 2002").

2.

Petitioner approached this Court by challenging order dated 04.11.2025 issued by respondent no.2 under Section 13(4) of the SARFAESI Act, 2002.

3.

Without entering into merits of the case, at the outset, learned counsel for the petitioner submits that petitioner is ready to make payment of the entire amount due against her, but she seeks certain time so that the amount may be cleared.

4.

Learned counsel for the petitioner submits that if three monthly installments of the aforesaid amount is made, the justice would be met to the petitioner.

5.

Learned counsel for respondent no.2- Bank has not objection to such an order if passed by this Court, but he submitted that in order to show her bona fide, petitioner should deposit 20% of the outstanding amount. He further submits that as on today amount of Rs.6,76,765.44/- is outstanding against the petitioner.

6.

Be that as it may, once the petitioner came forward with clean hands to submit that she is ready to make payment of outstanding amount against her within stipulated period, this Court directs the petitioner to deposit the outstanding amount i.e. Rs.6,76,765.44/- as under:-

A. Petitioner shall deposit Rs.50,000/- to show her bona fide in the Bank within ten days from today i.e. on or before 19.04.2026.

B. The rest of the amount i.e. Rs.6,26,765.44/- shall be paid by the petitioner in four equal and monthly installments of Rs.1,56,691.36/- on or before 19.05.2026, 19.06.2026, 19.07.2026 & 19.08.2026, respectively.

C. The last installment shall carry the entire balance including interest, if any.

D. If the petitioner fails to deposit any of the installments, as directed hereinabove, the respondent no.2-Bank shall be at liberty to proceed, in accordance with law.

7.

With the aforesaid observations, the writ petition stands disposed of accordingly.