The has issued a significant directive ensuring that a borrower’s right to housing remains protected when statutory forums are rendered inaccessible due to administrative failures. In a ruling concerning an , the Division Bench commanded to immediately remove locks from a residential property, emphasizing that a litigant should not be deprived of because of a vacant post at the ( ).
The dispute stems from a housing loan of ₹13,61,902 taken by the appellant, Vinod Dwivedi, in . Although the appellant maintained a consistent repayment schedule for several years, the economic impact of the national lockdown and subsequent personal tragedies disrupted his financial stability. The appellant’s circumstances were complicated by the loss of his wife to cancer and his own ongoing recovery from a cardiac event in . Despite these hardships, the appellant asserted that he remained committed to settling his outstanding dues, which he quantified at ₹2,60,712.
Recovery Proceedings and Lack of Recourse
The conflict escalated when initiated recovery proceedings under the . An from the authorized the bank to take possession of the residential property. According to the appellant, the bank acted without providing proper notice or an opportunity for a hearing. The situation culminated on , when the bank locked his residence while he was attending to a family matter out of town.
The appellant previously sought relief through a that led to an order requiring him to deposit ten percent of the outstanding amount. In compliance, he deposited ₹1,16,000 in two installments. While the High Court had directed the in Jabalpur to hear his plea for , the proceedings stalled entirely because the post of the remained vacant. With no forum available to adjudicate his grievances, the appellant’s subsequent petition was dismissed by a Single Judge, prompting this appeal before the Division Bench led by Justice Subodh Abhyankar and Justice Jai Kumar Pillai.
Judicial Intervention and The
The Division Bench found the dismissal of the initial unsustainable, noting that it ignored the practical realities faced by the appellant. The court highlighted that the administrative lapse concerning the vacancy at the had created a situation where the borrower was left entirely without legal recourse, despite his attempts to comply with financial obligations.
In its order, the High Court observed,
"In the present case, the Tribunal has done nothing, and the application for
remains pending without any fault of the appellant. A litigant cannot be made to suffer merely because the Forum created by law is temporarily vacant."
This observation underscores the judiciary's commitment to ensuring that administrative bottlenecks do not supersede the fundamental right to an effective hearing during recovery actions.
Conditions for Interim Protection
The court granted interim protection, ordering the bank to restore possession to the appellant immediately. However, this relief is contingent upon specific procedural safeguards. The appellant is required to file a formal written undertaking before the Registry of the High Court within three working days. This undertaking must explicitly clarify that if the eventually declines the appellant’s plea for , the protection granted by the High Court will automatically expire, and the appellant will be required to surrender possession of the property to the bank without further delay.
The Bench further clarified the scope of its intervention, stating,
"It is made clear that this order shall not be taken as a
in other matters. It is being passed strictly because it is an exceptional case, looking to the fact and circumstances of the case of the appellant as the wife of the appellant expired during her treatment of Cancer."
The ruling serves as a reminder that while banks possess legal mechanisms for recovering public money, the execution of these powers under the SARFAESI Act remains subject to the principles of . As the court set aside the order of the Single Judge, it expressed an expectation that the will hear and resolve the pending interim applications as soon as it becomes functional, acting strictly in accordance with the law. For now, the appellant has regained access to his home while his case awaits a final determination by the tribunal, providing a temporary against the enforcement of the recovery order.
equitable relief - administrative vacancy