Authority: Uttarakhand High Court
Order Date: Not specified
Case Overview
- Petitioners: Anita Sarkar and another individual, represented by Advocate Saurabh Kumar Pandey.
- Respondents: Officer In Charge and others, including India Shelter Finance Corporation Ltd (respondent No.1) and the State (standing counsel Suyash Pant). Respondent No.2 is the lending institution (India Shelter Finance Corp). Additional respondents Nos.5 and 6 are alleged auction buyers.
- In 2018, petitioners obtained a loan of Rs 10 lakh from India Shelter Finance Corp. Default led the lender to initiate SARFAESI proceedings.
- The District Magistrate, Nainital, issued an order on 21‑08‑2025 under Section 14 of the SARFAESI Act and a possession notice on 09‑03‑2026.
- Petitioners filed writ petition WPMS/616/2026 seeking:
A. Certiorari to quash the magistrate’s order dated 21‑08‑2025 and the possession notice dated 09‑03‑2026.
B. Mandamus directing the lender to consider their One‑Time Settlement (OTS) representation dated 10‑Oct‑2025 in a fair, transparent, time‑bound manner, taking into account COVID‑19 hardship and RBI borrower‑relief advisory.
C. Mandamus/Prohibition restraining respondents and their agents from any coercive possession, sale, transfer or auction of the mortgaged residential property until disposal of the writ or the OTS request, whichever is earlier.
- On 16‑03‑2026, the Court ordered the petitioners to deposit the full outstanding amount of Rs 17 lakh, which they did; however, the title deeds have not been returned and they continue to retain possession of the secured asset.
- The lending institution (respondent No.2) contends that the mortgaged property has been sold at auction to respondents Nos.5 and 6, who have deposited the entire bid amount.
Final Outcome
- No final judgment or order on the reliefs sought is recorded in the document; the matter remains pending before the Court.
Topics: SARFAESI Litigation, One‑Time Settlement, Borrower Relief