NIRMALA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petition, the petitioner has challenged the notice dtd. 24/1/2025, issued by the District Magistrate, Udham Singh Nagar (Annexure No. 1 to the writ petition) as well as the orders under Sect ions 13(2), 13(4) and 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act').

(2.) From the perusal of the writ petition, it transpires that the petitioner was issued two loans by respondent no. 2 - Axis Bank consolidated of Rs.26,05,000.00 - in the year 2018 -19. The property mentioned in Paragraph No. 3 of the writ petition was mortgaged as secured asset to the said loan by the petitioner. When the petitioner failed to re-pay the loan amount, the bank account of the petitioner was declared as Non - Performing Asset (NPA), and the proceedings for recovery of the aforesaid amount has been issued under the SARFAESI Act, 2002.

(3.) It is contended by learned counsel for the petitioner that the petitioner is a widow and due to the demise of her husband during COVID-19, she failed to deposit the installments timely, which resulted into her account being declared as NPA. It is further contended by learned counsel for the petitioner that the demand notice issued under Sect ion 13(2) of the SARFAESI Act, 2002 was never served upon the petitioner, however, the said notice was issued on 20/4/2021, and the petitioner was also not provided hearing under Sec. 14 of the SARFAESI Act.