Madhya Pradesh High Court
Jagdish Sahu vs Pnb Housing Finance Limited on 18 April, 2026
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2026:MPHC-GWL:12595
1 WP-13817-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
ON THE 18th OF APRIL, 2026
WRIT PETITION No. 13817 of 2026
JAGDISH SAHU
Versus
PNB HOUSING FINANCE LIMITED AND OTHERS
Appearance:
Shri Bhavesh Jha - Advocate for the petitioner.
Shri Arvind Agrawal - Advocate for respondents No. 1 & 2 on
advance copy.
Shri G.K.Agrawal Government Advocate for respondent No. 3/State.
ORDER
Per: Justice Anand Pathak
1. Shri Arvind Agrawal - Advocate who usually appears for respondents No. 1 & 2/PNB Housing Finance Limited is directed to accept notice on behalf of respondents No. 1 & 2.
2. The instant petition has been preferred by the petitioner seeking following reliefs :-
"1- That, the respondent be restrained not to take any corrosive action against the petitioner till interim stay application deciding the DRT Jabalpur. 2- That, the petitioner is willings to pay Rs.2 lakh within period of one month as observe by the principal seat of this Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 4/18/2026 4:47:38 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:12595 2 WP-13817-2026 Hon'ble court.
3- That, since the house in question where the petitioner is residing so the respondent is restrained not to dismantle and dispossess the petitioner from the house in question. 4- That, the cost of the litigation may also be awarded. 5- Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner."
3. Learned counsel for the petitioner submits that DRT, Jabalpur is not functional because Presiding Officer has demitted the office and in absence of Presiding Officer, matter is referred to DRT, Lucknow, but there is no member available in the Lucknow DRT. Therefore, in the conspectus of facts and circumstances of the case, petitioner is rendered remediless. Tehsildar intends to proceed against the petitioner because of conclusion of proceedings by the District Magistrate under section 14 of SARFESI Act.
Learned counsel for the petitioner further submits that Division Bench of this Court, principal seat at Jabalpur vide order dated 08/04/2026 passed in W.P. No. 12618/2026 (Shri Laxminarayan Kachhi and Ors. vs. Hinduja Housing Finance Limited and Ors.), wherein, learned Division Bench considering the earlier order dated 23/11/2021 passed in W.P. No. 25138/2021 ( M/s. Divyadeep Sugar and Industries Private Limited and Ors. vs. India Bank and Ors.) issued certain directions to protect the interest of the borrower for the time being till interim application is decided by full functinal DRT.
4. At this stage, learned counsel for the petitioner submits that petitioner is ready to deposit an amount of Rs. 8 Lakhs (Rs. Eight Lakhs) out of total liability of Rs. 27, 98, 495/-.
5. Considering the aforesaid submissions, the instant writ petition is disposed of with the following directions :-
Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 4/18/2026 4:47:38 PMNEUTRAL CITATION NO. 2026:MPHC-GWL:12595 3 WP-13817-2026
(i) Without prejudice to any of the rights of the parties, the petitioner is directed to deposit Rs. Eight lakhs (the amount so deposited shall be adjusted in the final settlement) of the amount due as on date with the respondent/PNB Housing Finance Limited within a period of 30 days from today, subject to further orders that may be passed by the Debts Recovery Tribunal, Jabalpur.
(ii) The DRT, Jabalpur is directed to take-up S.A. No. 282/2026 as soon as it becomes functional for consideration of interim relief and take a decision in accordance with law as expeditiously as possible.\
(iii) Till the prayer for interim relief in the said S.A. is decided by the DRT, no coercive action be taken against the petitioner subject to compliance of direction No.1 as above.
(iv) The petitioner is directed to communicate this order to the Registrar, DRT, Jabalpur within seven working days from today.
(v) If there is excessive delay at any stage of the proceedings including in the appointment of Presiding Officer of DRT, Jabalpur or any other DRTs given Additional Charge, parties are free to approach this Court.
(vi) It is made clear that this Court has not expressed any opinion of the merits of the case.
6. The writ petition is disposed off with the aforesaid directions.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
Durgekar
Signature Not Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 4/18/2026
4:47:38 PM