01Facts
The petitioners challenged the respondent lender’s e-auction notice dated 13 October 2026 and symbolic-possession notice dated 20 July 2026 concerning mortgaged assets securing an unpaid loan.
¶ 1–3They alleged, among other things, that the demand notice preceded the loan’s NPA classification and that the lender had received substantial payments; they also sought consideration of a repayment and restructuring proposal.
¶ 1–3The e-auction was scheduled for 18 November 2026.
¶ 1–3The petitioners said the Debt Recovery Tribunal (DRT), Jabalpur was not functioning and that they lacked an effective remedy. The State responded that DRT-2, Ahmedabad had been assigned DRT Jabalpur’s cases.
¶ 3–4The petitioners were directed to approach DRT-2, Ahmedabad, which was acting in charge of DRT Jabalpur.
¶ 702Issues
i.Whether the petitioners should be relegated to the statutory remedy of filing a Securitisation Application before DRT-2, Ahmedabad, given the assignment of DRT Jabalpur’s cases to that Tribunal.
¶ 4, 7ii.Whether coercive steps should be restrained for a limited period to enable the petitioners to approach the Tribunal.
¶ 7–903Law Applied
The Court proceeded under the SARFAESI Act framework, under which a borrower may challenge enforcement measures by filing a Securitisation Application before the competent DRT.
¶ 4, 7–8It treated DRT-2, Ahmedabad, which had been assigned DRT Jabalpur’s cases, as the forum available to the petitioners.
¶ 4, 7–8The order cites no particular statutory section or precedent; it does not determine the merits of the petitioners’ challenges to the lender’s actions.
04Reasoning
Although the petitioners relied on the alleged non-functioning of DRT Jabalpur and the imminent auction, the Court accepted that DRT-2, Ahmedabad had been assigned DRT Jabalpur’s cases.
¶ 5, 7–9It also noted the petitioners’ stated willingness to pay and that their settlement application had been dismissed.
¶ 5, 7–9Rather than adjudicate the disputed NPA dates, payments, or legality of the notices, the Court directed the petitioners to pursue the Tribunal remedy and granted a temporary restraint to permit them to do so.
¶ 5, 7–905Holding
The Court disposed of the writ petition and granted the petitioners 20 working days from 5 November 2026 to file an appropriate Securitisation Application before DRT-2, Ahmedabad, in charge of DRT Jabalpur.
¶ 8–10No coercive steps were to be taken against the petitioners during that 20-working-day period.
¶ 8–10Original Court PDF
M/S DURG TRACTORS,vsCHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED,
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