Research › Search › Judgment

High Court of Delhi · body

2024 DAILYLAW 1375 (DEL)

RADHA M NAIR v. AXIS BANK LTD. AND ANR

W.P.(C)/689/2024 · 2026-03-09

Jasmeet Singh

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 689/2024 & CM APPL. 3065/2024, CM APPL. 37568/2025 RADHA M NAIR .....Petitioner Through: Appearance not given versus AXIS BANK LTD. AND ANR .....Respondent Through: Adv Sanjay Kumar R1 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 09.03.2026 1. This is a writ petition filed under Articles 226 and 227 of the Constitution of India seeking the following prayers:- “a. Issue a writ/ order/ direction in the nature of mandamus and/or any other appropriate writ/ order/ direction of like nature for directing the Respondent No. 1 Bank to consider the proposal/request made by the petitioner for settlement of account as per Guidelines issued by Respondent No. 2 with simple interest and by removing exorbitant rate of interest, cost, charges and penalties imposed in the account. b. Issue a writ, order or direction prohibiting the Respondents and / or their servants, agents, assignees and officers and / or any one claiming through or under them from giving any effect and / or further effect and / or taking any steps and / or acting in furtherance of the Notices Impugned Notices dated 10.02.2023 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2026 at 13:46:03 issued by the Respondent Bank in any manner whatsoever; . . .” 2. The case of the petitioner is that the husband of the petitioner was sanctioned a loan on 12.04.2008 being a reverse mortgage loan which was to be repaid in 120 equal instalments. 3. Since there were defaults, the respondent No.1 issued a Section 13(2) notice under SARFAESI Act, 2002. 4. The reliefs sought in the present petition are to be adjudicated by the Debt Recovery Tribunal (DRT) under the provisions of SARFAESI Act, 2002. The petitioner has an equally efficacious remedy available. 5. Granting the said liberty, the present petition is disposed of. 6. The petitioner shall be at liberty to urge the issue of interest also, which shall be decided in accordance with law by DRT. 7. The Court has neither examined the merits of the controversy nor has commented on the same. JASMEET SINGH, J MARCH 9, 2026 / (MS) This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2026 at 13:46:03