Bank Of Baroda Branch Morena Through Chief Manager / Authorized Officer Hemendra Jaiswals/O Kk Jaishwal vs State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 29 OF OCTOBER, 2026
WRIT PETITION No. 44328 of 2026
CNR No.: MPHC030296932026
BANK OF BARODA BRANCH MORENA THROUGH CHIEF
MANAGER / AUTHORIZED OFFICER HEMENDRA JAISWALS/O KK
JAISHWAL
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Himanshu Gupta - Advocate for the petitioner.
Shri Ravindra Dixit - Government Advocate for State.
ORDER
This petition, under Article 226 of the Constitution of India, has been
filed by the petitioner seeking following reliefs:-
"In the light of aforesaid facts and circumstances and grounds urged,
the present petitioner bank most humbly prays that the present writ petition
may kindly be allowed by directing the respondent no. 3 to obtain the
physical possession of secured Assets comprising of 'immovable property'
bearing land and building situated at Survey No. 817, Village Dhanela,
Revenue Plot No. 817, Tehsil and District Morena, Madhya Pradesh,
admeasuring 3300 Sq. Ft., owned by Shri Parimal Singh Sirdhana, within the
period of 30 days in exercise of the powers under Section 14 of SARFAESI
Act, 2002 to secure the ends of justice."
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 10/30/2026
2:19:39 PM

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The facts of the case, in brief, are that the petitioner-Bank of Baroda

sanctioned loan facilities aggregating to Rs.29,95,000/- to the borrower,
namely, Shri Parimal Singh Sirdhana, against the security of an immovable
property situated at Survey No.817, Village Dhanela, Revenue Plot No.817,
Tehsil and District Morena, Madhya Pradesh, admeasuring 3300 sq. ft. Upon
default in repayment of the loan, the loan accounts were classified as Non-
Performing Assets (NPA), and proceedings under the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002 (hereinafter referred to as the “SARFAESI Act”) were initiated. The
petitioner-bank thereafter approached respondent No.2 under Section 14 of
the SARFAESI Act seeking assistance in obtaining physical possession of
the secured asset. The application filed by the petitioner-bank was registered
as Case No.0186/2023-24/B-121, titled Bank of Baroda v. Parimal Singh and
Anr., and was allowed vide order dated 01.03.2024, directing that physical
possession of the secured asset be obtained and handed over to the
petitioner-bank.
Learned counsel for the petitioner submits that despite the aforesaid
order, physical possession of the secured asset has not yet been obtained and
handed over to the petitioner-bank. It is submitted that the officers of the
petitioner-bank have repeatedly approached respondent No.3/Tehsildar,
Tehsil and District Morena, requesting execution of the order dated
01.03.2024; however, no effective action has been taken till date. Learned
counsel further submits that the controversy involved in the present petition
is squarely covered by the order dated 29.10.2025 passed by this Court in
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 10/30/2026
2:19:39 PM

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W.P. No.41410/2025 (Indian Bank, formerly known as Allahabad Bank,

Branch Sanatan Dharm Mandir Road (Main Branch), Gwalior Vs. State of
Madhya Pradesh and Others), wherein, while considering a similar grievance
relating to non-execution of proceedings under Section 14 of the SARFAESI
Act, this Court directed the District Administration/Collector to ensure
compliance with the directions issued in the earlier batch of writ petitions
and further directed the concerned Tehsildar to do the needful within one
month.
Learned Government Advocate appearing for the respondents/State
fairly submits that appropriate directions may be issued in terms of the
aforesaid order and assures that the authorities shall comply with the
directions issued by this Court.
Heard learned counsel for the parties and perused the record.
In the case of IIFL Home Finance Ltd. Vs. State of M.P. and Others,
bearing W.P. No.2078/2023, the Coordinate Bench of this Court issued
directions to the District Administration/Collector regarding expeditious
completion and execution of proceedings under Section 14 of the
SARFAESI Act. The said directions were thereafter relied upon by this
Court in W.P. No.41410/2025, decided on 29.10.2025, in a similar matter
concerning the execution of an order passed under Section 14 of the
SARFAESI Act.
The relevant directions, as reiterated in the aforesaid order, require the
Collector to ensure timely execution of orders passed under Section 14 of the
SARFAESI Act and to adhere to a time-bound schedule for such execution.
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 10/30/2026
2:19:39 PM

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It was further directed that where the DRT has passed any interim order

against proceedings under Section 13(2) and/or 13(4) of the SARFAESI Act,
action under Section 14 may be deferred until such interim order is modified
or vacated.
In the present case, the order dated 01.03.2024 passed by respondent
No.2 in proceedings under Section 14 of the SARFAESI Act has already
been passed in favour of the petitioner-bank. However, despite the lapse of a
substantial period, the said order has not been executed and physical
possession of the secured asset has not been handed over to the petitioner-
bank. The petitioner has also pleaded that it has not received any notice or
summons from the Debt Recovery Tribunal, Jabalpur, regarding the filing of
any securitisation application under Section 17 of the SARFAESI Act and
that, to the knowledge of the petitioner-bank, no order has been passed by
any Court, Forum or Tribunal restraining execution of the order dated
01.03.2024.
In these circumstances, having regard to the nature of the proceedings
contemplated under Section 14 of the SARFAESI Act and the directions
issued by this Court in the aforesaid cases, the concerned District
Administration is required to ensure expeditious execution of the order
passed in favour of the petitioner-bank, in accordance with law.
Accordingly, this writ petition is disposed of with a direction to the
Collector/District Administration, Morena, to ensure expeditious execution
of the order dated 01.03.2024 passed in Case No.0186/2023-24/B-121 and to
take necessary steps, in accordance with law, for obtaining and handing over
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 10/30/2026
2:19:39 PM

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physical possession of the secured asset to the petitioner-bank.

The respondent No.3/Tehsildar, Tehsil and District Morena, along
with the other competent authorities concerned, shall take necessary steps to
execute the aforesaid order and complete the process of obtaining and
handing over physical possession of the secured asset to the petitioner-bank,
preferably within a period of one month from the date of receipt of a certified
copy of this order, subject to there being no subsisting order of stay or other
legal impediment passed by any competent Court or Tribunal.
It is made clear that this Court has not expressed any opinion on the
merits of the proceedings under the SARFAESI Act and the authorities shall
proceed strictly in accordance with law.
With the aforesaid directions, the writ petition stands disposed of.
(MILIND RAMESH PHADKE)
JUDGE
VJ

Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 10/30/2026
2:19:39 PM