2025:UHC:11267 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 3 1 4 / 2 0 2 5 Hon’ble Manoj Kumar Tiwari, J. Mr. Sandeep Tiwari, Advocate for the petitioner. Mr. Ashisj Joshi, Advocate for the respondent-Bank. 2. Petitioner served as officer in Punjab National Bank. As officer, petitioner availed different loan facilities from the bank. Punishment of compulsory retirement was imposed upon the petitioner in July, 2023. The bank has now proceeded to recover the outstanding dues under different loan accounts by initiating proceedings under SARFAESI Act, 2002. Thus feeling aggrieved, petitioner has approached this Court, seeking following reliefs: “(a) Issue a writ, order or direction in the nature of mandamus directing respondent no. 3 not to proceed with the procedure of Section 14 of SARFAESI ACT, 2002 for auction sale of house and car of the petitioner. (b) Issue a writ, order or direction in the nature of mandamus directing respondent no. 3 to regularize the loan of the petitioner after taking the amount of Rs. 14,00,000/-. (c) Issue a writ, order or direction in the nature of mandamus directing respondent no. 3 not to take any coercive action against the petitioner.” 3. Learned counsel for the petitioner submits that petitioner is ready and willing to repay the outstanding dues in all the loan accounts and he is ready to enter into a settlement with the bank. He refers to a master circular, issued by R.B.I. 2025:UHC:11267 on 01.04.2025. Para 4.2.5 of the said circular is extracted below: “4.2.5 Upgradation of loan accounts classified as NPAS The loan accounts classified as NPAs may be upgraded as 'standard' asset only if entire arrears of interest and principal are paid by the borrower. In case of borrowers having more than o credit facility from a bank, loan accounts shall be upgraded from NPA to standard asset category only upon repayment of entire arrears of interest and principal pertaining to all the credit facilities. With regard to upgradation of accounts classified as NPA due to restructuring, non-achievement of date of commencement of commercial operations (DCCO), etc., the instructions as specified for such cases shall continue to be applicable.” 4. Mr. Ashish Joshi, learned counsel appearing for the Bank, on instruction, submits that if petitioner approaches the competent authority in the bank by making a representation for restructuring/regularisation of the loan, his request shall be considered sympathetically. 5. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to the competent authority in the bank for restructuring/regularisation of loan. If he makes such representation within ten days from today, decision thereupon shall be taken within three weeks thereafter. 6. Till decision is taken in the matter by the competent authority in the Bank, no coercive action shall be taken against the petitioner. (Manoj Kumar Tiwari, J.) 16.12.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.12.16 18:36:13 +05'30' 2025:UHC:11267