HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 724 of 2025 Smt. Nutan Devi ...Petitioner Versus District Magistrate, Haridwar And others ...Respondents Present:- Mr. R.P. Singh, Advocate for the applicant. Mr. Ganesh Kandpal, Additional C.S.C. for the State/respondent nos. 1 and 2. Hon’ble Ravindra Maithani, J. (Oral) The challenge in this petition is made to the notice under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”). 2. Heard learned counsel for the parties and perused the record. 3. The petitioner had taken housing loan from the respondent no.3/Bank of about Rs.13 Lakh in the year 2016. She could not repay it. The proceedings initiated under the provisions of the SARFAESI Act and now for taking possession of the secured assets, notice has been issued. 4. It is a case of the petitioner that she could not deposit the instalments regularly as she was suffering financial hardship. She had to seek maintenance from her 2 husband and filed an application under Section 125 of the Code of Criminal Procedure, 1973. She had no means for livelihood and she is unable to maintain herself. 5. Learned counsel for the petitioner would submit that the petitioner is ready and willing to deposit the money in instalments. She may be given time for that. She has no other property to stay. 6. The SARFAESI Act for these purposes is a self contained Code. If the petitioner is aggrieved by an action under Section 13(4) of the SARFAESI Act, she is free to avail the remedy under Section 17 of the SARFAESI Act. For that purpose, interference may not be warranted. 7. Insofar as, the willingness of the petitioner to repay the money is concerned, the petitioner is always free to express her willingness before the respondent no.3/Bank by way of depositing some substantial portion of the dues so as to express her intention. This Court has no doubt that if it is so done, the respondent no.3/Bank may very well consider it. 8. With the above observation, the writ petition is dismissed. (Ravindra Maithani, J.) 06.03.2025 Jitendra