HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 948 of 2025 (M/S) Suman ….....Petitioner Versus Indian Overseas Bank ….….Respondent Present:- Mr. Dinesh Kumar Tyagi, Advocate for the petitioner, through video conferencing. Mr. Siddharth Jain, Advocate for the respondent/Bank. Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioner seeks directions to the respondents to re-fix the monthly instalments of the home loan taken by the husband of the petitioner in the year 2015. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner would submit that the husband of the petitioner had taken a loan in the year 2015. After his death, the petitioner tried to regularize the loan, but she could not continue paying the instalments. Now, the possession of the house has been taken by the respondent. The petitioner is ready and willing to deposit the money to settle the matter with the respondent-Bank. 4. Learned counsel for the respondent-Bank would submit that the possession of the house has already been taken, as per Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the SARFAESI Act”); auction notice will be issued; after possession is taken, the petitioner broke the lock and tried to re-enter the property. Thereafter, on 06.03.2025, a police report was lodged to the police and the police gave possession back to the respondent-Bank. But again, the 2 petitioner broke the locks and misbehaved with the police also. Now the possession has again been taken by the respondent-Bank. 5. The SARFAESI Act is a self contained code. If the petitioner is aggrieved by any action of the respondent-Bank, she could seek appropriate relief under the provisions of the SARFAESI Act. If the petitioner really intends to repay the loan, she could express her willingness by depositing a substantial amount of loan. But in these proceedings, no interference is required. Accordingly, the writ petition deserves to be dismissed at the stage of admission itself. 6. The writ petition is dismissed in limine. (Ravindra Maithani, J) 02.04.2025 Ravi Bisht