HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8622 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Brajendra Amiy, learned counsel for the Bank. 2. This petition has been filed with the following main prayers:- "i Issue a writ, order or direction in the nature of in the nature of certiorari quashing the impugned notice dated 06.08.2025 issued by the opp. party no.2 as contained in Annexure no.1 to this writ petition in the interest of the justice. ii. Issue a writ order or direction in the nature of mandamus commanding the opp. Parties concerned to take the actual due loan amount from petitioner in easy instalment and not adopt any coercive measures against the petitioner for taking physical possession of the mortgaged house of petitioner in the interest of justice." 3. It has been submitted by learned counsel for the petitioner that son of the petitioner, respondent no.4 herein, had taken loan of Rs.8,25,000/- from the respondent-Bank by mortgaging the residential land and constructed a property thereon having an area of 86.98 square meters situated at Mohalla Naurangabad, Pargana Kheri, Post Lakhimpur, Tehsil Lakhimpur, District Kheri. The petitioner was guarantor of the said loan. Respondent no.4 did not deposit the loan installments in time and the account was declared NPA on 10.6.2021 by the Bank. The recovery proceedings were initiated under the SARFAESI Act and a notice was issued by the Bank on 31.1.2025 for Versus Counsel for Petitioner(s) : Deo Raj Singh Counsel for Respondent(s) : C.S.C., Brajendra Amiy Asgar Ali .....Petitioner(s) State Of U.P. Thru. Distt. Collector/Dist. Magistrate, Kheri And 4 Others .....Respondent(s) recovery of an amount of Rs.9,85,544.45. The respondent no.4 could not pay the amount and the Bank had filed an application under Section 14 of the SARFAESI Act and by an order dated 8.5.2025, the District Magistrate/Collector, Lakhimpur Kheri has allowed the application of the Bank and thereafter, the impugned notice has been issued on 6.8.2025 for taking physical possession of the mortgaged property and the petitioner has been directed to vacate the same, latest by 21.8.2025. The Bank has not taken possession of the property yet. The petitioner is in possession of the property and prays that he may be allowed some time to repay the loan amount. 4. Learned counsel for the Bank, on the basis of instructions, submits that after amendment having been made in Section 13(8) of the SARFAESI Act, the Bank can consider the request even after proceedings under Section 14 of the Act at any time before the date of publication of notice for public auction. In case the borrower is willing to deposit the amount of dues altogether with all costs, charges and expenses incurred by the creditor and the Bank is ready to accept the amount offered by the borrower in fully satisfaction of the Bank, some time limit should be set by this Court for making such payment. 5. This writ petition is disposed of with a direction to the petitioner to deposit Rs.4,00,000/- within two weeks from today i.e. latest by 25.9.2025. The Bank shall give a current statement of account and the petitioner shall deposit the remaining amount in two monthly installments. 6. It is clarified that in case the petitioner defaults in payment of any of such installments, as fixed by this Court, the Bank shall be at liberty to proceed against him in accordance with law. September 11, 2025 Sachin WRIC No. 8622 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench