JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner’s husband, who was employed with ONGC as Chief Security Guard, took a housing loan from Punjab National Bank Housing Finance Ltd. in the year 2011.

2. According to the petitioner, the said loan was insured with TATA AIG Insurance Ltd., Dehradun. Petitioner’s husband has passed away in the month of May, 2021. According to the petitioner, against the loan of Rs. 15.15 lakhs taken by petitioner’s husband, he had repaid about Rs. 10 lakhs, during his lifetime.

3. Since the loan amount still remains to be paid, therefore, Punjab National Bank Housing Finance Ltd. has initiated proceedings under SARFAESI Act against the secured asset.

4. It is the contention of learned counsel for the petitioner that Debts Recovery Tribunal, Dehradun is not functioning on account of non-availability of Presiding Officer since last several months, therefore, the remedy of Section 17 of SARFAESI Act has become illusory in the case of the petitioner. He further submits that since the loan was insured by TATA AIG Insurance Ltd., therefore, upon death of petitioner’s husband, the liability to repay the loan rests upon TATA AIG Insurance Ltd.

5. Since the secured asset h