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2026 DAILYLAW 7065 (UTT)

YOGESH KUMAR v. STATE OF UTTARAKHAND

WPMS/1831/2026 · 2026-06-17

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010104262026 2026:UHC:4956 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1831/2026 Hon’ble Manoj Kumar Tiwari, J. Mohd Matlub, Advocate for the petitioner. Mr. S.K. Nailwal, Standing Counsel for the State. Mr. Pawan Sanwal, Advocate for respondent No. 2. 2. Petitioner took a home loan of Rs. 15.00 lakh from respondent No. 2 in the year 2023. Since petitioner could not deposit certain instalments, therefore respondent No. 2 has initiated proceedings under the relevant provisions of SARFAESI Act. In this writ petition, petitioner has challenged the order of possession passed under Section 14 of the Act. 3. Learned counsel for the petitioner submits that due to personal problems, there was default in depositing certain instalments. He submits that petitioner is ready and willing to regularise the loan by paying the amount of such instalments, therefore the writ petition be disposed of by directing respondent No. 2 to permit petitioner to regularise the loan. 4. Mr. Pawan Sanwal, appearing for respondent No. 2 submits that he has no objection to the prayer made by petitioner, provided petitioner regularises the loan amount UKHC010104262026 2026:UHC:4956 within one month. He submits that the amount of the instalments which petitioner defaulted to repay, is about Rs. 4.00 lakh. 5. Having regard to the facts and circumstances of the case, the writ petition is disposed of by permitting petitioner to make representation to the competent authority in respondent No. 2. 6. If he makes representation within one week and deposits a sum of Rs. 1.00 lakh with his representation, to show his bonafide, then the competent authority shall consider the prayer made by petitioner for grant of some reasonable time for regularising the loan account. (Manoj Kumar Tiwari, J.) 17.06.2026 Mahinder/