Sukhjeet Kaur Vs State of Uttarakhand — Banking and Recovery | Uttarakhand HC (2026)

Sukhjeet Kaur Vs State of Uttarakhand — Banking and Recovery | Uttarakhand HC (2026)

What the court decided

AI extract

Outcome

Time-bound clearance of dues in lieu of adjudication on merits: petitioner to deposit Rs.50,000/- bona fide amount on or before 19.04.2026 and the balance Rs.6,26,765.44/- in four equal monthly installments of Rs.1,56,691.36 each (19.05.2026, 19.06.2026, 19.07.2026 and 19.08.2026), last installment carrying the entire balance including interest; on default of any installment, the Bank may proceed in accordance with law.

Issue for consideration

Whether the petitioner, who has challenged the Section 13(4) SARFAESI enforcement step taken by respondent no.2 Bank, should be permitted to clear the entire outstanding loan dues within a stipulated period by installments.

Court's answer

This Court directed the petitioner to deposit the entire outstanding amount of Rs.6,76,765.44/- on the stated schedule: Rs.50,000/- as a bona fide deposit on or before 19.04.2026, and the balance Rs.6,26,765.44/- in four equal monthly installments of Rs.1,56,691.36 each on or before 19.05.2026, 19.06.2026, 19.07.2026 and 19.08.2026, the last installment carrying the entire balance including interest, if any.

Ratio / Principle

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

Key takeaways

With the aforesaid observations, the writ petition stands disposed of accordingly.ratio¶24

Detailed headnote1 paragraphs

High Court of Uttarakhand at Nainital (Pankaj Purohit, J.) — Writ Petition Misc. Single No. 881 of 2026, decided 09.04.2026 — Petitioner, a housing-loan borrower (loan of Rs.9 lakhs dated 30.11.2015) whose account had become NPA and against whom respondent no.2-Bank had acted under Section 13(4) of the SARFAESI Act, 2002 by order dated 04.11.2025, offered to pay the entire outstanding dues. Without entering into the merits, the Court directed the petitioner to deposit the outstanding amount of Rs.6,76,765.44/- : Rs.50,000/- as bona fide deposit on or before 19.04.2026, and the balance Rs.6,26,765.44/- in four equal monthly installments of Rs.1,56,691.36 each on or before 19.05.2026, 19.06.2026, 19.07.2026 and 19.08.2026, the last installment carrying the entire balance including interest, if any; on failure of any installment, the Bank is at liberty to proceed in accordance with law. Writ petition disposed of accordingly.

2026:UHC:2552

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No. 881 of 2026

09 April, 2026

Sukhjeet Kaur

--Petitioner

Versus State Of Uttarakhand & another

--Respondents

Presence:-

Mr. SRS Gill, learned counsel for the petitioner. Mr. Bhupendra Koranga, learned Brief Holder for the State. Mr. Ashutosh Thakral, learned counsel for respondent no.2- Bank.

Hon'ble Pankaj Purohit, J.

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”).

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.

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.

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.

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2026:UHC:2552

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.

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.

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

(Pankaj Purohit, J.) 09.04.2026

AK

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