Madhya Pradesh High Court
Laxmi Chourasia vs The State Of Madhya Pradesh on 6 May, 2026
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2026:MPHC-JBP:35634
1 WP-10697-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 6 th OF MAY, 2026
WRIT PETITION No. 10697 of 2026
LAXMI CHOURASIA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dhiman Chandra Mallik - learned counsel for the petitioner.
Smt. Jahnvi Pandit - Additional A.G. for the respondent Nos. 1 and 2/State.
Shri S.M. Guru - Advocate for the respondent No.3.
ORDER
Per: Justice Anand Pathak With consent, heard finally.
This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :-
"(i) | Be pleased to issue a writ of mandamus, to pay the remaining amount of loan Rs. 425,286/, out of total loan amount with interest as mentioned in the application Annexure P/ 2, the petitioner ready to pay in three installments or as directed by this Hon'ble Court in the interest of justice.
(ii) Any other relief flowing from the facts and circumstances of the case may kindly be awarded to the petitioner including the cost of the proceedings in the interest of justice. "Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 06-05-2026 17:38:50
NEUTRAL CITATION NO. 2026:MPHC-JBP:35634 2 WP-10697-2026
2. Petitioners are the borrowers and respondent no.3 is a creditor. Petitioner borrowed Rs.5,00,00/- from respondent no.3. However, due to Pandemic Covid -19 situation, even after paying certain installments, he could not repay the loan amount, therefore, on completion of proceedings under Section 13/14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the Act, 2002"), respondent no.3 took physical possession of the house of petitioner. Resultantly, respondent no. 3 intends to auction the house, which is mortgaged by petitioner. His loan amount is raised up to Rs.18,74,447/-. Petitioner is ready to pay part of the loan amount to show his bonafides. His anxiety is that auction of the house of petitioner be protected till functioning of DRT, Jabalpur. No Presiding Officer is available and DRT is not functional, therefore, this petition is preferred.
3. Although counsel for the respondent no.3 informs this Court that total liability of petitioner amounts to more than Rs.18,00,000/- and odd sums.
4. Considering the submissions and the fact that DRT, Jabalpur is not functional and no Presiding Officer is available, as an interim arrangement, under peculiar facts and circumstances of the case, this Court passes the following order :-
(i) Petitioner shall pay Rs.2,50,000/- within fifteen days from today to the Bank.
(ii) Another Rs.2,50,000/- shall be paid by the petitioners to the Bank within two months from today.
(iii) Petitioner can file an application for one time settlement / Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 06-05-2026 17:38:50 NEUTRAL CITATION NO. 2026:MPHC-JBP:35634 3 WP-10697-2026 regularization of his bank account. If any such application is preferred, then respondent no.3/Bank may proceed for regularization of the bank account or one time settlement as the case may be, as per their rules/guidelines.
(iv) During the process of the settlement if petitioner complies with the condition of deposit, as referred above, Bank shall not proceed with auction of the mortgaged property. However, possession would lie with the Bank.
(v) In case DRT, Jabalpur, become functional and Presiding Officer assumes charge, then parties can file appropriate application under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the Act, 2002") before the DRT, Jabalpur and obtain necessary orders.
(vi) This order shall be operative subject to fulfilling the condition by the petitioner and in case of any default, Bank may proceed as per law.
(vi) The petitioner is directed to communicate this order to the Registrar, DRT, Jabalpur, within seven working days from today.
5. With the aforesaid directions, the writ petition is disposed of in aforesaid terms.
(ANAND PATHAK) (B. P. SHARMA)
JUDGE JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 06-05-2026
17:38:50