HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 5980 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel, who appears for State-opposite parties no.1 to 3 and Sri Deepak Singh, who appears for opposite party no.4- PNB Housing Finance Corporation Limited. 2. This writ petition has been filed with the following main prayers:- "i) Issue a Writ, order or direction in the nature of Mandamus directing the respondent no.4 to decide the representations dated 05.02.2022 & 19.05.2025 and permit the petitioner to deposit balance due loan amount. II. Issue a Writ, order or direction in the nature of Mandamus directing the respondent no.4 to not to sale or transfer the property of the petitioner to any third party and hand over the actual physical possession to the petitioners.” 3. It is evident from perusal of the pleadings on record that petitioner no.2 had filed Secularization Application No.339 of 2023 before the Debt Recovery Tribunal, Lucknow against the proceedings initiated against him by opposite party no.4 under the SARFAESI Act, 2002 (for short “Act, 2002”). The secularization application has been dismissed for want of prosecution on 15.10.2024. 4. The facts which are relevant to decide the present controversy, are that husband of petitioner no.1 and father of petitioner no.2 purchased Plot No.512-B, Sector-M, Aashiyana, Kanpur Road, LDA Colony, Lucknow Versus Counsel for Petitioner(s) : Irshad Ahmad, Arshad Jameel, Madhu Kumari, Pervesh Kumar Mishra Counsel for Respondent(s) : C.S.C., Ajit Singh, Deepak Singh Nandini Upadhyay And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) by taking a loan from the PNB Housing Finance Corporation Limited on 01.03.2016 of Rs.36,00,000/-. The husband of petitioner no.1 was an employee in a private company, but during Covid-19 pandemic he lost his job, as a result thereof, there was a default in payment of dues and the loan account was declared as Non-Performing Asset (NPA) and opposite party no.4 proceeded under the Act, 2002. They filed an application under Section 14 of the Act, 2002 bearing Case No.14462 of 2019, PNB Housing Finance Corporation Limited Vs. Rajeshwar Prasad Upadhyay, to take possession of the mortgaged property/secured asset. This application remained pending and in the meantime, husband of petitioner no.1 died on 11.09.2020, for which petitioner no.1 lodged an FIR on 11.09.2020 itself under Section 306 IPC at Police Station Ashiyana, Lucknow. Petitioner no.1 also informed the opposite party no.4 regarding the death of her husband. Since the loan of the husband of petitioner no.1 was insured by the ICICI Lombard, it has paid some amount towards the EMI and the total amount of Rs.32,50,000/- has already been received by opposite party no.4 as principal and interest, but now opposite party no.4 is demanding Rs.47,64,678/-. In the meantime, the application filed under Section 14 of the Act, 2002 has been decided by the Additional District Magistrate (Judicial), Lucknow and the petitioner filed a secularization application before the Debt Recovery Tribunal, Lucknow on 21.04.2023. On 30.03.2024, the Additional City Magistrate-III, Lucknow issued possession notice stating that opposite party no.4 shall take possession of the mortgaged property/secured asset with the help of the police force in compliance of order dated 25.01.2021 passed in the application filed under Section 14 of the Act, 2002. Since the secularization application has been dismissed for want of prosecution, this writ petition has been filed with the aforesaid prayers. 5. Counsel for opposite party no.4, on the basis of instructions, says that the Finance Company is still ready to accept the loan dues along with interest if the petitioner is willing to pay although possession has been taken, but no auction has been held of the property/secured assets in question. 6. This writ petition is disposed of with a direction to the petitioners to deposit Rs.12,00,000/- (Rs.Twelve Lakhs) latest by 07.10.2025 with WRIC No. 5980 of 2025 2 opposite party no.4. Opposite party no.4 shall provide the current statement of account to the petitioners thereafter within a week. The remaining amount of the loan dues shall be paid by the petitioners within a period of four months in equal monthly installments. It is clarified that opposite party no.4 will be at liberty to proceed to auction the property/secured asset in case of failure of the petitioners to deposit any of the installments as aforesaid. September 10, 2025 Rao/- WRIC No. 5980 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench