Madhya Pradesh High Court
Mukundram Khelwar vs Tyger Home Finance Pvt. Ltd. Formerly ... on 24 April, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-IND:11399
1 WP-49572-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE ALOK AWASTHI
ON THE 24th OF APRIL, 2026
WRIT PETITION No. 49572 of 2025
MUKUNDRAM KHELWAR AND OTHERS
Versus
TYGER HOME FINANCE PVT. LTD. FORMERLY KNOWN AS ADANI
HOUSING FINANCE PVT. LTD. AND OTHERS
Appearance:
Shri Arpit Gupta, learned counsel for the petitioners.
Shri Abhishek Tugnawat, learned counsel for respondent No.1.
ORDER
Per: Justice Vivek Rusia The petitioners who are the borrowers have filed the present petition under Article 226 of the Constitution of India seeking following reliefs:-
(a) Quash the impugned order dated 11.10.2025 passed under Section 14 of the SARFAESI Act and 28.11.225 passed by the Tehsildar Kanada, District Agar (Respondent /3);
(b) Declare that SARFAESI measures initiated during non-functioning of the DRT are illegal and unconstitutional;
(c) Protect the petitioners' residential house from coercive action;
(d) Grant any other relief deemed fit in the interest of Signature Not Verified Signed by: RAVI PRAKASH Signing time: 24-04-2026 19:47:02 NEUTRAL CITATION NO. 2026:MPHC-IND:11399
2 WP-49572-2025 justice.
02. Facts of the case, in short are that the petitioner took housing loan to the tune of Rs.7,25,000/- from the respondent / Financial Institution by mortgaging the house in question. Due to the default in payment of EMI, the respondent issued a demand notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'the SARFAESI Act').
03. Thereafter, the respondent approached the District Magistrate by way of an application under Section 14 of the SARFAESI Act which came to be allowed vide order dated 11.10.2025. In compliance of the said order, the Tehsildar issued possession notice on 28.11.2025. Hence, the present petition is before this Court.
04. Vide order dated 19.12.2025, this Court issued notice to respondent No.1 and granted interim relief that status quo be maintained.
05. Counsel for the respondent / Bank submits that on the said date, petitioner submits that they are ready to deposit the dues of the Bank, however, not a single penny has been deposited till date.
0 6 . 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 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 Debt Recovery Tribunal, Jabalpur starts functioning after the appointment of the Presiding Officer. We hereby dispose of the present writ petition with the following directions:-
Signature Not Verified Signed by: RAVI PRAKASH Signing time: 24-04-2026 19:47:02NEUTRAL CITATION NO. 2026:MPHC-IND:11399 3 WP-49572-2025 ( 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. as soon as it becomes functional for consideration of interim relief and take a decision in accordance with law as expeditiously as possible;
(iii) Without prejudice to any of the rights of the parties, the petitioners are directed to deposit 50% 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;
(iv) After depositing the said amount, the respondent / financial institution shall reschedule the EMI, which shall be paid by the petitioner regularly during pendency of the S.A. or subject to any order passed by the Debt Recovery Tribunal;
(v) Subject to the deposit of the 50% amount, the possession of the property in question be restored to the petitioner;
(vi) The petitioner are directed to communicate this order to the Registrar, DRT, Jabalpur, within seven working days from today;
(vii) 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 Debt Recovery Tribunal, parties shall be free to approach this Court.
07. With the aforesaid, Writ Petition stands disposed of.
(VIVEK RUSIA) (ALOK AWASTHI)
JUDGE JUDGE
Ravi
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 24-04-2026
19:47:02