RAM PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has sought the following reliefs:-

(2.) Facts of the case in brief are that the petitioner was issued a Housing Loan by the respondent-Bank in the year 2021 amounting to Rs.13,00,000.00. The petitioner continued paying installments up to year 2022, but unfortunately in the year 2024 he met with an accident and was placed under I.C.U. in Government Hospital, Rudrapur. Due to his health condition he could not make the payment of the installments due, in-time, which resulted into initiation of proceedings under provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 (hereinafter referred to as "Act of 2002"). Even notice under Sec. 14 of Act of 2002 was issued and the Secured Creditor was directed to take possession of the secured assets i.e., Residential House of the petitioner.

(3.) It is feeling aggrieved by the said order, the petitioner is before this Court.