HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9349 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel or the petitioner, Shri Brijendra Amly, learned counsel for the respondent Bank. 2. This petition has been filed by the petitioner with the following prayers :- " I. Issue a direction in the nature of Mandamus commanding the opposite parties to direct the parties to accept the loan amount in easy instalment with a span of three years or as be fit and proper by the Hon'ble Court in fact in circumstances." 3. It is the case of the petitioner that the petitioner had mortgaged her residential house as security for loan taken by her husband and her son though she deposited some of the monthly instalments but later on defaulted and now the respondent Bank had issued notice under Section 13(2) of the Securitisation of Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "SARFAESI Act") on 9.9.2021. Thereafter, a notice under Section 13(4) of the SARFAESI Act taking symbolic possession has been issued on 20.8.2025 indicting that it wish to proceed to sell the mortgaged property for recovery of Versus Counsel for Petitioner(s) : Brijesh Kumar Srivastava, Ashok Kumar Singh Counsel for Respondent(s) : Brajendra Amiy M/S Fresh Milk Dairy Thru. Proprietor Rabia Parveen .....Petitioner(s) Punjab National Bank Sam Deptt. Thru. Regional Manager, Kanpur And 2 Others .....Respondent(s) Rs.17,89,847.50. 4. Learned counsel for the petitioner states that the petitioner is willing to pay the amount and therefore this petition has been filed with the aforesaid prayer. 5. Learned counsel for the respondent Bank states that there is a provision under Section 13(8) of the SARFAESI Act and in case the borrower is willing to deposit the entire amount alongwith interest thereon, within a limited period of term, then the Bank can consider the said request. 6. In view of the above, this petition is disposed of with direction to the petitioner to deposit Rs.10,00,000/- latest by 7.10.2025 before the Branch Manager, Punjab National Bank, Sadar Branch, Unnao. On deposit of Rs.10,00,000/-, respondent no.3 shall furnish a current statement of account to the petitioner and the petitioner shall deposit the remaining amount, within two months thereafter i.e. latest by 7.12.2025. In case the petitioner fails to deposit any of the instalments as aforesaid, the respondent Bank shall be free to proceed under the SARFAESI Act, 2002. 7. Till 7.12.2025, the recovery proceedings initiated against the petitioner under the SARFAESI Act, shall remain stayed. September 24, 2025 Shukla WRIC No. 9349 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench