Madhya Pradesh High Court
Arjun Yadav vs State Of Madhya Pradesh Through The ... on 24 April, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-IND:11388
1 WP-11588-2026
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. 11588 of 2026
ARJUN YADAV
Versus
STATE OF MADHYA PRADESH THROUGH THE UPPER
COLLECTOR / DISTRICT MAGISTRRATE AND OTHERS
Appearance:
Shri Rishabh Upadhyay, learned counsel for the petitioner.
Shri Suddep Bhargava, learned Deputy Advocate General for the
respondent(s) / State.
ORDER
Per: Justice Vivek Rusia The petitioner has filed the present petition under Article 226 of the Constitution of India seeking direction to respondents No.3 & 4 to restore the possession of the petitioner's residential property situated at House No.63, Village - Simrol.
02. The petitioner took financial assistance from the respondent / Financial Institution. Due to the default in payment of EMI from October, 2025 to February, 2026, the account of the petitioner has been declared as NPA.
03. The respondent / Financial Institution filed an application under Signature Not Verified Signed by: RAVI PRAKASH Signing time: 24-04-2026 19:47:02 NEUTRAL CITATION NO. 2026:MPHC-IND:11388 2 WP-11588-2026 Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'the SARFAESI Act') before the District Magistrate and in compliance of the order passed by the District Magistrate, the possession has been taken by the respondent / Bank.
04. In our opinion, at present, the petitioner is 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 petitioner for payment of loan, we deem it fit to protect the interests of borrowers like petitioner 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 are directed to deposit Rs.2,00,000/- 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 Rs.2,00,000/- 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.Signature Not Verified Signed by: RAVI PRAKASH Signing time: 24-04-2026 19:47:02
NEUTRAL CITATION NO. 2026:MPHC-IND:11388 3 WP-11588-2026
05. 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