Madhya Pradesh High Court
M/S Maa Associates vs Hdfc Bank on 20 April, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-JBP:30388
1 WP-13720-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE DEEPAK KHOT
ON THE 20th OF APRIL, 2026
WRIT PETITION No. 13720 of 2026
M/S MAA ASSOCIATES AND OTHERS
Versus
HDFC BANK AND OTHERS
Appearance:
Shri Anuj Agarwal - Advocate for the petitioners.
Shri Shashank Verma-Senior Advocate with Shri Mallikarjun Khare-
Advocate for respondent no.1/HDFC Bank.
Shri Abhijeet Awasthi- Deputy Advocate General for
respondent/State.
ORDER
Per: Justice Vivek Rusia The petitioners have applied for a loan from respondent no.1/Bank to the extent of Rs.2,33,55,420/- (as mentioned in Annexure P-5). Against the loan transaction, the petitioners have agreed to mortgage their Property No.1 House No.LIG-31, Housing Board Colony, P.P Colony in Polipathar, Gwarighat Road, Jabalpur (M.P) and Property No.2- Industrial lease Plot No.18 situated at Village Umariya, Industrial Area Umaria-Durgariya, Phase-II, Tehsil Shahpura, District Jabalpur (M.P) According to petitioners on 08.09.2025, one of the partner Late Shri Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 20-04-2026 16:27:13 NEUTRAL CITATION NO. 2026:MPHC-JBP:30388 2 WP-13720-2026 Narayan Prasad Gupta expired. Upon his demise, and for reasons beyond the control of the firm, the loan account became irregular and subsequently classified as Non-Performing Asset (NPA). The respondent/Bank proceeded to issue demand notice under section 13(2) of the Act on 08.07.2025 (Annexure P-1). Thereafter the applicants submitted detailed representation. The respondent/Bank issued a notice dated 03.10.2025 (Annexure P-2) seeking to take physical possession. Thereafter issued auction notice dated 20.02.2026 (Annexure P-3) and scheduled the auction of the immovable property on 25.03.2026.
The petitioner filed S.A No. 342/2026 (Annexure P-4) before the DRT, Jabalpur. The petitioners were served with possession notice dated 06.04.2026 (Annexure P-6) issued by the Tehsildar, Gorakhpur for taking forcible physical possession of the alleged mortgaged properties on 21.04.2026. According to petitioners, upon receipt of the said notice, the petitioners obtained a copy of the ex parte order dated 10.02.2026 (Annexure P-5) passed by the learned CJM, Jabalpur under section 14 of SARFAESI Act. Since, there is no Presiding Officer on charge till date. Hence, they are before this High Court.
2. Shri Abhijeet Awasthi, Deputy Advocate General, appearing on behalf of respondent/State on advance notice, submits that a similar situation came up before this Court in the year 2021, also, when there was no Presiding Officer and various writ petitions were filed before this Court. In one of the writ petitions, W.P. No.25138/2021 (M/s Divyadeep Sugar and Industries Pvt. Ltd. and Others Vs. India Bank and Others), this Court vide Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 20-04-2026 16:27:13 NEUTRAL CITATION NO. 2026:MPHC-JBP:30388 3 WP-13720-2026 order dated 23.11.2021 has issued certain directions to be followed by the borrower as well as by the Bank/Financial Institutions.
3. In our opinion, at present, the petitioners are in default of payment of regular EMIs, and the period for repayment of the entire loan amount has not yet ended. The borrowers cannot be expected to deposit the entire loan amount to the bank in one go, much before the completion of the total loan period. Had they have money for the purpose of which they took loan or financial assistance, they would not have taken the same from the bank/public financial institutions. There is a period available to the petitioners for payment of loan, we deem it fit to protect the interests of borrowers like petitioners till the Debts Recovery Tribunal Jabalpur starts functioning after the appointment of the Presiding Officer.
We hereby dispose of the present writ petition with the following directions:-
(i) The petitioners shall file a Securitisation Appeal before the DRT, along with an application for interim relief within 15 days from today, if already not filed yet.
(ii) The DRT is directed to take up the pending S.A No. 342/2026 as soon as it becomes functional for consideration of interim relief and take a decision in accordance with law as expeditiously as possible.
(iv) Without prejudice to any of the rights of the parties, the petitioners are directed to deposit 25% of the amount due as on date with the respondent/bank within a period of 30 days from today, subject to further orders that may be passed by the Debts Recovery Tribunal, Jabalpur.Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 20-04-2026 16:27:13
NEUTRAL CITATION NO. 2026:MPHC-JBP:30388 4 WP-13720-2026
(v) After depositing the said amount, the respondent bank/financial institution shall reschedule the EMI, which shall be paid by the petitioner regularly during pendency of S.A. or subject to any order passed by the Debts Recovery Tribunal.
(vi) Subject to the deposit of the 25% amount or till the prayer for interim relief in the said S.A. is decided by the Debt Recovery Tribunal, whichever is later, no coercive action be taken against the petitioners.
(vii) The petitioners are directed to communicate this order to the Registrar, DRT, Jabalpur, within seven working days from today.
(viii) If there is excessive delay at any stage of the proceedings, including in the appointment of the Presiding Officer of DRT, Jabalpur or no additional charge is given to any other Debts Recovery Tribunal, parties shall be free to approach this Court.
(ix) This Court has not expressed any opinion on the merits of the case.
4. The writ petition is disposed of with the aforesaid directions (VIVEK RUSIA) (DEEPAK KHOT) JUDGE JUDGE tarun Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 20-04-2026 16:27:13