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WP 13308 2025 FinalOrder 12-04-2025 Digi

The High Court of Madhya Pradesh heard a writ petition filed by Manish Ingla against A.U. Small Finance Bank regarding the auction of his property due to a loan taken by his deceased father. The court provided a two-week protection period during which the bank cannot take possession or auction the property, allowing the petitioner to approach the Debt Recovery Tribunal (DRT) for relief. The court emphasized the need for an expedited hearing if the petitioner files an application with the DRT.

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15 views3 pages

WP 13308 2025 FinalOrder 12-04-2025 Digi

The High Court of Madhya Pradesh heard a writ petition filed by Manish Ingla against A.U. Small Finance Bank regarding the auction of his property due to a loan taken by his deceased father. The court provided a two-week protection period during which the bank cannot take possession or auction the property, allowing the petitioner to approach the Debt Recovery Tribunal (DRT) for relief. The court emphasized the need for an expedited hearing if the petitioner files an application with the DRT.

Uploaded by

capranjal.55555
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NEUTRAL CITATION NO.

2025:MPHC-IND:9779

1 WP-13308-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
&
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 12th OF APRIL, 2025
WRIT PETITION No. 13308 of 2025
MANISH INGLA
Versus
A.U SMALL FINANCE BANK LTD THROUGH AUTHORIZED
OFFICER AND OTHERS
Appearance:
Shri Ashutosh Sharma - Advocate for the petitioner.
Shri Bhuwan Gautam - G.A. for respondent Nos.2 and 3/State through
video conferencing, on advance notice.

ORDER
Per: Justice Subodh Abhyankar

1] Heard on the question of admission.


2] This writ petition has been filed by the petitioner under Article
226 of the Constitution of India against the order dated 12.04.2024 passed by

respondent No.2, whereby the house of the petitioner is sought to be


auctioned by the respondent/Bank under Section 13 of the Securitisation and
Reconstruction of Financial Assets Act Enformcement of Security Interest
Act, 2002 (hereinafter referred to as 'the Act of 2002').
3] Counsel for the petitioner has submitted that the loan was taken by
his father only, who has died on 19.01.2023, and thereafter, his mother has

Signature Not Verified


Signed by: PANKAJ
PANDEY
Signing time: 4/12/2025
12:49:39 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:9779

2 WP-13308-2025
been proceeded against by the Bank in the recovery proceedings, and his
mother is also a rustic villager, and he is also a student, and in such
circumstances, although an alternative remedy under Section 17 of the Act of
2002 is available to the petitioner, but as the physical possession of the
property was to be taken on 11.04.2025 under Section 13 of the Act of 2002,
and since the possession has still not been taken, the petitioner had no option
but to approach this Court to seek interim protection. Counsel has also
submitted that the petitioner would also see if some other property can be
sold to pay of the debt.
4] Be that as it may, this Court is inclined to dispose of this petition
with a direction to the petitioner to approach the DRT under Section 17 of
the Act of 2002.

5] Also looking to the peculiar facts and circumstances of the case,


we are of the considered opinion that a limited protection may be granted to
the petitioner to approach the DRT, and thus, it is directed that for a period of
two weeks time, the respondent/Bank shall not take possession, if not already
possessed, and auction the property of the petitioner, and in the meantime, if
the petitioner files an application under Section 17 of the Act of 2002 before
the DRT along with an application for stay, the learned Member of the DRT
is requested to hear the matter expeditiously.
6] With the aforesaid, the petition stands disposed of.

(SUBODH ABHYANKAR) (PRANAY VERMA)


JUDGE JUDGE

Signature Not Verified


Signed by: PANKAJ
PANDEY
Signing time: 4/12/2025
12:49:39 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:9779

3 WP-13308-2025
Pankaj

Signature Not Verified


Signed by: PANKAJ
PANDEY
Signing time: 4/12/2025
12:49:39 PM

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