Chhattisgarh High CourtBanking and Finance LawCivil Procedure and Evidence

Facing E-Auction, Durg Tractor Borrowers Get 20 Working Days to Approach DRT as Chhattisgarh HC Bars Coercive Steps

M/S DURG TRACTORS,v.CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED,

Facing E-Auction, Durg Tractor Borrowers Get 20 Working Days to Approach DRT as Chhattisgarh HC Bars Coercive Steps. M/S DURG TRACTORS, vs CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED,. Chhattisgarh High Court. LawLens
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In brief

The question

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.

The court held

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.

It also directed

No coercive steps were to be taken against the petitioners during that 20-working-day period.

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.

¶ 1–3

They 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.

¶ 1–3

The e-auction was scheduled for 18 November 2026.

¶ 1–3

The 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.

¶ 3–4

The petitioners were directed to approach DRT-2, Ahmedabad, which was acting in charge of DRT Jabalpur.

¶ 7

02Issues

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, 7

ii.Whether coercive steps should be restrained for a limited period to enable the petitioners to approach the Tribunal.

¶ 7–9

03Law 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, 7–8

It treated DRT-2, Ahmedabad, which had been assigned DRT Jabalpur’s cases, as the forum available to the petitioners.

¶ 4, 7–8

The 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, 7–9

It also noted the petitioners’ stated willingness to pay and that their settlement application had been dismissed.

¶ 5, 7–9

Rather 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, 7–9

05Holding

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.

¶ 8–10

No coercive steps were to be taken against the petitioners during that 20-working-day period.

¶ 8–10
Chhattisgarh High Court

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M/S DURG TRACTORS,vsCHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED,

Chhattisgarh High Court · November 05, 2026

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