SARJEET YADAV vs STATE OF UTTARAKHAND
- Court
- Uttarakhand High Court
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HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 3326 of 2026
04 November, 2026
Sarjeet Yadav
--Petitioner
Versus
State Of Uttarakhand
2: Sub Divisional Magistrate
3: Hinduja Housing Finance
--Respondent
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Presence :-
Mr. S.R.S. Gill, learned counsel for petitioner.
Mr. Devendra Singh Bora, learned D.A.G for the
State/respondent no. 1 and 2.
Mr. Abhishek Anthwal, learned counsel for respondent
no.3- Hinduja Housing Finance Ltd. -NBFC Non Bank
Financial Company.
Hon’ble Pankaj Purohit, J. (Oral)
Petitioner has challenged notice dated
28.09.2026 passed by respondent no.3.
2. Facts of the case are that a loan was taken by
petitioner for construction of a house from the respondent
no.3 Non Banking Financial Company NBFC on
23.10.2023 amounting Rs. 46,36,000/- (forty six lakh
and thirty six thousand). The loan was disbursed to the
petitioner in installments by the respondent-NBFC. It is
not disputed that the petitioner has constructed the
house. Subsequently due to some financial crunch, the
petitioner failed to make the re-payment of the
installments which made the account as NPA account.
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2. The respondent-NBFC initiated recovery
proceeding. Since the residential house for which the loan
was taken by the petitioner was mortgaged as a secured
asset, the attempt was made by the respondent-NBFC to
take possession thereof and put it on auction. The
petitioner challenged the action of the respondent by
filing an application before DRT Dehradun SA No. 38 of
2026 Sarjeet Yadav vs. Hinduja Housing Finance Ltd. In
said proceeding the stay was granted in favour of the
petitioner but the same could not have been concluded
due to default on the part of the petitioner. The stay order
was vacated accordingly and finally SA was dismissed
vide order dated 22.10.2026.
3. It is discernable from the record that after the
dismissal of the SA, the respondent-NBFC put the house
on auction scheduled to be held on 03.11.2026. In
between the petitioner approached this Court and this
Court vide order dated 29.10.2026 stayed the auction to
be held on 03.11.2026 mainly on the ground that the
secured asset is the residential house of the petitioner
and secondly he has shown his willingness to pay the
amount outstanding against him towards the loan taken
by him.
4. Learned counsel for the petitioner submits that
if the petitioner is provided some chance for depositing
the amount outstanding against him in easy installments,
he would be ready pay the same as per direction made by
this Court.
5. Learned counsel for the respondent-NBF
submitted before this Court that on 31.10.2026, an
amount of Rs. 52,36,184 is outstanding against the
petitioner. This Court vide order dated 29.10.2026
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directed the learned counsel for the respondent-NBFC to
get instructions in the matter as to how the matter could
be resolved. On that day the petitioner made a proposal
that he would pay Rs. 10,00,000/- (Ten lakhs) within one
month and rest of the amount outstanding against him
would be paid by him in 8 quarterly installments.
6. Today the learned counsel for the respondent-
NBFC submits that the respondent-NBFC is insisting that
50% of the amount at least should be deposited by the
petitioner and balance may be deposited by him in easy
installments.
7. This proposal, according to the learned counsel
for the petitioner would be very harsh and he would not
be in a position to comply with the proposal given by the
NBFC.
8. Having heard the learned counsel for the
parties and having perused the record and more
particularly seeing the willingness of the petitioner to
make payment of the all outstanding amount against
him, this Court proposes to decide the writ petition as
follows: -
A. Petitioner shall deposit an amount of
Rs.10,00,000/- in the branch of respondent-NBFC
Hinduja Housing Finance, Haldwani District
Nainital, within a period of one month from today
i.e. on or before 04.12.2026.
B. Subsequent thereto i.e. after 04.12.2026, petitioner
shall start making payment of outstanding amount
i.e. Rs.42,36,184/- in eight equal quarterly
installments of Rs. 5,00,000/- and continue to pay
the same till the eight installments are exhausted.
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C. The last installment i.e. 8 installment would carry
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the balance and the interest accrued thereon upto
date.
D. If any of the terms and condition laid down
hereinabove is violated by the petitioner, it would
be open to the Bank to recover remaining/entire
amount in one installment.
9. The writ petition is accordingly disposed of.
10. It is also directed that in view of the disposal of
writ petition in the aforesaid terms, the respondent no.3-
NBFC is directed to open the seal of the secured asset i.e.
house of the petitioner forthwith within 24 hours and
possession shall be also handed over to the petitioner.
11. Pending application also stands disposed of.
( .)
Pankaj Purohit, J
04.11.2026
Nahid
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