The court determined that the purpose of housing finance was defeated, leading to the dismissal of the writ petition seeking relief under the SARFAESI Act.

JUDGMENT

(Dated this the 23rd day of February, 2026)

The petitioner availed a home loan from the respondent bank for an amount of Rs.43,47,000/- in the year 2019. When default occurred in repayment, the bank initiated proceedings under the SARFAESI Act and issued Ext.P1 notice dated 21.01.2025, followed by Ext.P2 notice issued by the Advocate Commissioner dated 14.01.2026. Aggrieved by the same, the petitioner approached this Court.

2. On 23.01.2026, the petitioner was directed to remit Rs.5 lakhs and was given liberty to move an application for regularisation of the loan. A counter affidavit has been filed by the respondent stating that the petitioner has remitted the amount, but the application was rejected on the ground that the borrower had demolished the existing residential building and constructed a commercial building therein.

3. Therefore, the very purpose of granting housing finance stood defeated, and the bank has already recalled the credit facility. On this ground, the application for regularisation was dismissed.

The relief sought is to keep in abeyance all further proceedings initiated under the SARFAESI Act . No proceedings under the SARFAESI Act were specifically challenged. In such circumstances, the relief sought in this writ petition cannot be granted by this Court, and the writ petition is dismissed.

Sd/-

BASANT BALAJI JUDGE