Madhya Pradesh High Court
Vijay Dutta vs The State Of Madhya Pradesh on 21 April, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-JBP:30852
1 WP-13936-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
ON THE 21st OF APRIL, 2026
WRIT PETITION No. 13936 of 2026
VIJAY DUTTA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Nilesh Kotecha - Advocate for the petitioners.
Shri Piyush Jain - GA for respondent/State.
ORDER
Per: Justice Vivek Rusia The petitioners have applied for a loan from respondent no. 3 and took a loan in the year 2014. The outstanding amount is Rs.18,13,832/- That, against the loan transaction, the petitioners have agreed to mortgage their land at survey no.54/109 measuring 1200 sq. ft. situated at village Tikari Betul Nagar District Betul (M.P.). Hence, the respondent no. 3 has initiated proceeding under the SARFAESI Act. As per the order dated 16.03.2026 passed in Revenue Case No.0105/B-121/2025-26 by the court of Additional Collector, Betul there is a threat of dispossession of the petitioners and thereafter an auction sale. Hence, they are before this High Court.
2. Shri Piyush Jain, Government Advocate appearing on behalf of respondents on advance notice, submits that a similar situation came up Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 21-04-2026 17:24:48 NEUTRAL CITATION NO. 2026:MPHC-JBP:30852 2 WP-13936-2026 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 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. In case of default in payment of EMI. 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:-
(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 Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 21-04-2026 17:24:48 NEUTRAL CITATION NO. 2026:MPHC-JBP:30852 3 WP-13936-2026 are directed to deposit 20% 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.
(iv) After depositing the said amount, the respondent bank/financial institution shall reschedule the EMI, which shall be paid by the petitioner regularly during pendency S.A. or subject to any order passed by the Debt Recovery Tribunal.
(v) Subject to the deposit of the 20% 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.
(vi) The petitioners 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.
(viii) 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) (PRADEEP MITTAL) JUDGE JUDGE Prar Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 21-04-2026 17:24:48