1 2025:CGHC:20225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2221 of 2025 1 - Posendra Sinha S/o Rambharosa Aged About 65 Years Caste - Kalar, Village - Sorli, Tahsil Dondi- Lohara, Distt. - Balod (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nava Raipur, Distt.- Raipur (C.G.). 2 - Collector Balod, Distt. - Balod (C.G.). 3 - Tahsildar Dondi- Lohara, Distt. - Balod (C.G.). 4 - Branch Manager Indian Bank, Branch - Balod, Distt. - Balod (C.G.). ... Respondent(s) For Petitioner(s) : Ms. Chetna Sharma, Advocate. For Respondent(s)/ State : Ms. Anuja Sharma, Panel Lawyer. For Respondent No. 4 : Mr. Saket Pandey, Advocate on behalf of Mr. Aman Yadav, Advocate. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 02/05/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “1. Hon'ble Court may be kind and gracious enough to call for the records of the case from the respondents. 2. Hon'ble Court may be kind be pleased to quash the order dated 16.04.2025 (Annexure P/2) by issuance of appropriate writ/writs, order/orders, direction/directions to the respondent authorities. 3. Any other relief/relief's which Hon'ble court may deem fit in the fact s and circumstances of the instant case.” 2. Learned counsel for the petitioner submits that the petitioner has taken loan to the tune of Rs. 15 Lakhs from respondent No. 4 as home loan. She further submits that the petitioner has already paid installments to the tune of Rs. 8 Lakh 92 Thousand. She further submits that during Corona Pandemic the petitioner has suffered losses and was unable to pay his remaining installments. She further submits that respondent No. 4 has initiated proceedings under Section 14 of the SARFAESI Act, 2002 before respondent No. 2 and upon which respondent No. 2 has passed an order in favour of respondent No. 4. She further 3 submits that respondent No. 3 has issued the impugned notice on 16.04.2025 against the petitioner asking him to submit NOC of the Bank by 25.04.2025 before respondent No. 3 to the effect that the loan of the Bank has been repaid or else action of seizure of the property of the petitioner mortgaged in the Bank will be taken on 29.04.2025. She further submits that the petitioner is ready and willing to pay the loan amount, he has already paid some amount and if some breathing time will be given, he will pay the entire amount. Hence, this petition. 3. On the other hand, learned counsel for respondent No. 4 submits that there lies an alternate remedy for the petitioner to approach before Debt Recovery Tribunal under Section 17 of the SARFAESI Act, 2002, for redressal of his grievance against recovery measures adopted by the Bank. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, the petitioner is directed to pay remaining amount of loan of the Indian Bank, Branch-Balod, within a period of one month from the production of a copy of this order and till then no coercive steps shall be taken against the petitioner. However, if the loan amount is not paid within a period of one month, the Bank is at liberty to initiate action against the petitioner in accordance with law. 4 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat