Office Notes, reports, orders or proceedings S N L o . .

Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures WPMS/ 3307/ 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Kaushal Pande, Advocate, for the petitioners.

Mr. Gopal K. Verma, Advocate, for the respondent.

2. Petitioners took a housing loan of rupees five lakhs from Kashipur Urban Cooperative Bank, Kashipur in the year 2013. According to petitioners, they have repaid a sum of ₹8.36 lakhs, yet a notice has been issued to him under Section 13(2) of the SARFAESI Act, 2002, in which the amount outstanding against the petitioners has been shown to be ₹2,86,504/-.

3. Learned counsel for the bank, however, submits that notice was issued in June 2025 and, as per his instructions, the outstanding dues pending against the petitioners, as on 31.10.2025, is ₹3,04,282/-.

4. Learned Counsel for the petitioners submits after death of her husband during Covid-10 pandemic, petitioner no. 1 has gone mentally ill and petitioner no. 2 is earning a living by doing manual labour. He, however, assures that if some reasonable time is given to the petitioners to repay the outstanding amount, all pending dues would be cleared as soon as possible.

5. Mr. Gopal K. Verma, learned Counsel appearing for the bank, submits that if petitioners deposit ₹50,000/- upfront by 1.12.2025 to show their bona fide, then he has no objection if petitioners are permitted to repay the remaining amount in six monthly instalments.

6. In such view of the matter, the writ petition is disposed of with the following directions:-

i. Petitioners shall deposit ` 50,000/- with the concerned Branch of the bank by

1.12.2025.

ii. Subject to fulfilment of the aforesaid condition, they may be permitted to deposit the remaining amount in six equal monthly instalments, amount whereof shall be fixed by the Branch Manager. The last instalment shall carry the component of interest and other expenses also.

iii. In case of any default on the part of the petitioners, the respondent shall be at liberty to proceed against petitioners, as per law.

( Manoj Kumar Tiwari, J.)

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