Madhya Pradesh High Court
Mohd Irfan Khan vs Hinduja Housing Finance Limited on 13 May, 2026
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2026:MPHC-JBP:38202
1 WP-14802-2026
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 13th OF MAY, 2026
WRIT PETITION No. 14802 of 2026
MOHD IRFAN KHAN AND OTHERS
Versus
HINDUJA HOUSING FINANCE LIMITED AND OTHERS
Appearance:
Shri Vyom Garg - Advocate for the petitioners.
Ms. Vaishnavi Sharma - Advocate for the respondent No.1/Hinduja
Housing Finance Ltd.
ORDER
Per: Justice Anand Pathak With consent, heard finally.
Present writ petition is preferred by the petitioners under Article 226 of the Constitution of India seeking following reliefs:
"(7.1) That, this Hon'ble Court may kindly be pleased to issue a writ of certiorari to quash or set aside impugned Notice of possession dated 31.03.2025 (P/7), in the interest of justice.
(7.2) That, this Hon'ble Court may kindly be pleased to issue a writ of prohibition restraining the Commissioner from taking physical possession of the secured assets, in the interest of justice.
(7.3) This Hon'ble Court may kindly be pleased to call for relevant record for bare perusal of this Hon'ble Court.Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 5/14/2026 10:20:10 AM
NEUTRAL CITATION NO. 2026:MPHC-JBP:38202
2 WP-14802-2026 (7.4) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation may kindly be awarded in favour of the petitioner."
2. Petitioners are borrowers and respondent No.1 is creditor/Bank.
3. It is a submission of learned counsel for the petitioners that petitioners took loan of Rs.17,15,000/- from respondent No.1/Financial Institution. However, petitioners could not repay the loan amount, resulting into proceedings under Sections 13 and 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the Act, 2002"). It is further submitted that vide impugned notice dated 31.03.2026 issued by Court Commissioner, Bhopal, possession of secured asset was directed to be handed over to respondent No.1. It is further submitted that at present, petitioners are in position to pay an amount of Rs.5,00,000/- only, that too within a period of one month or 45 days and some part of the amount shall be paid thereafter. However, anxiety of the petitioners is that handing over of possession be stayed so that meanwhile, they may arrange funds.
4. Counsel for the respondent No.1 fairly submits that if petitioners deposit Rs.7,00,000/- within one month, then their account shall be regularized and they will get respite from proceedings of dispossession.
5. Considering the submissions and the fact that absence of Presiding Officer in DRT, Jabalpur which is rendering petitioners remediless, therefore, as an interim arrangement under peculiar facts and circumstances of the case, this Court passes following order :-
Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 5/14/2026 10:20:10 AMNEUTRAL CITATION NO. 2026:MPHC-JBP:38202 3 WP-14802-2026
(i) Petitioners shall deposit an amount of Rs.5,00,000/-
within a period of 45 days from today with the respondent No.1/secured creditor.
(ii) If amount is paid by the petitioners as discussed above within 45 days from today, then respondent No.1 shall not proceed against petitioners for dispossession.
(iii) After expiry of 45 days, within next 30 days, petitioners shall have to pay/deposit an additional amount of Rs.2,00,000/- with the respondent No.1- secured creditor, so that after two and half months, secured creditor shall receive an amount of Rs.7,00,000/- total, from the petitioners.
(iv) Once, Rs.7,00,000/- is received by respondent No.1-secured creditor, thereafter, on an application so preferred by petitioners, respondent No.1-secured creditor shall give anxious consideration over regularization of accounts, as per its regulations/policy/guidelines/rules.
(iv) Whenever DRT becomes functional and Presiding Officer is available, then petitioner shall have to press the application under Section 17 of the SARFAESI Act, 2002 or any application for interim relief within one month from the date of assumption of the charge by Presiding Officer, if matter is not settled between the parties.
Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 5/14/2026 10:20:10 AMNEUTRAL CITATION NO. 2026:MPHC-JBP:38202 4 WP-14802-2026
(v) It is made clear that in breach of any condition, respondent No.1-secured creditor shall be at liberty to proceed against petitioners, dispossess them and take over the possession of mortgaged property in accordance with law.
(vi) The petitioners are directed to communicate this order to the Registrar, DRT, Jabalpur within seven working days from today.
6. With the aforesaid directions, the writ petition is disposed of.
(ANAND PATHAK) (B. P. SHARMA)
JUDGE JUDGE
@shish
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 5/14/2026
10:20:10 AM