Ajay Kumar Mittal, J.@mdashPrayer in this petition filed under Articles 226/227 of the Constitution of India is for restraining the respondents from
taking possession of the house of the petitioner on which home loan was taken by his deceased wife, by initiating proceedings under the provisions
of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ""the SARFAESI Act""). It
has also been prayed to direct the respondents to settle the home loan account by getting overdue payment, if any due towards the wife of the
petitioner without charging any penal interest. Briefly, the facts as narrated in the petition may be noticed. The wife of the petitioner Late Smt.
Charanjit Kaur had taken home loan from respondent Nos. 1 to 3 on 14.2.2003 in respect of House No. 732, Dogra Basi, VPO Budhlada, Tehsil
Budhlada, District Mansa. An agreement in this regard was entered into by her with respondent Nos. 1 to 3 for an amount of Rs. 8 lacs and order
for cumulative disbursement of amount of Rs. 6,80,000/- was passed. The said house was mortgaged with respondent Nos. 1 to 3. The
respondents had also charged for home loan insurance cover from the wife of the petitioner and assured that in case of critical illness or any
unforeseen event, her family will be protected from the burden of paying EMIs for the outstanding home loan. The outstanding amount of home
loan was to be automatically paid for by the home insurance cover. The wife of the petitioner paid the installments regularly from 5.6.2003 till her
death on 1.10.2006. After her death, the petitioner-husband also continued to pay the installments till 24.1.2008. Thereafter, the collection agent
of respondent Nos. 1 to 3 told the petitioner that he was not required to pay the future installments of the outstanding balance amount as the same
would be adjusted from home loan insurance cover. The petitioner thereafter neither deposited any installment nor any collection agent came to
collect the amount. In the month of March 2009, when the petitioner visited the bank for release of the documents of the house, he was intimated
that the loan amount was over due towards the loan account of his deceased wife. The petitioner again deposited some amount by way of cheque
till 28.12.2010. The petitioner also sent cheques for the months of January 2011 to May 2011. In the month of July 2011, the petitioner was
intimated by respondent No. 2 that the loan account of his wife had been sold by respondent Nos. 1 to 3 to respondent Nos. 4 and 5 i.e. Asset
Reconstruction Company India limited. The petitioner visited the office of respondent No. 5 and on payment of Rs. 960/-, he was supplied the
statement of loan account. He was shocked to see the charges and penalties worth thousands of rupees levied by respondent Nos. 1 to 3 by
alleging the same to be overdue charges. Aggrieved thereby, the petitioner is before this Court through the present writ petition.
2. In the written statement filed by respondent Nos. 4 and 5, it has been stated that at the time of filing of the writ petition, no action was being
taken for recovery of the amount from the petitioner. It was only on 26.11.2011 that a notice u/s 13(2) of the SARFAESI Act was issued, a copy
of which has been appended by the petitioner as Annexure P. 10 vide applications being CM Nos. 126 and 127 of 2012. The petitioner has not
filed any reply to the said notice.
3. We have heard learned counsel for the parties and perused the record. As has been stated by the counsel for the respondents, no action had
been initiated at the time when the writ petition was filed though the petitioner had defaulted in making the repayment of the loan. Respondent No.
5 issued notice u/s 13(2) of the SARFAESI Act on 26.11.2011 (Annexure P.10). However, the petitioner has not filed any reply to the said
notice. It shall be open to the petitioner to file reply to the notice Annexure P. 10 in accordance with law. With these observations, the writ petition
is disposed of.