Facts
After declaring the borrower’s account a Non-Performing Asset, the Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”), including issuing a notice under Section 13(2) and a possession notice
Source reference: para. 2The District Magistrate passed an order under Section 14 on 24 July 2026 in the Bank’s favour, but the Bank alleged that the Tahsildar had not taken consequential steps to deliver possession despite its representations
Source reference: paras. 2, 5The Bank filed a writ petition seeking, among other reliefs, a direction to decide its representations
Source reference: para. 1The State did not oppose a time-bound direction to the Tahsildar
Source reference: para. 3Issues
Whether the Court should direct the Tahsildar to consider and decide the Bank’s pending proceedings or representations and take consequential steps following the District Magistrate’s order under Section 14 of the SARFAESI Act
Source reference: paras. 2, 5–6Law Applied
The Court considered Sections 13(2) and 14 of the SARFAESI Act, 2002, under which a secured creditor may initiate enforcement measures and seek the District Magistrate’s assistance in obtaining possession of secured assets
Source reference: para. 2It did not cite or apply any judicial precedent, nor did it formulate a broader rule on the merits of the Bank’s entitlement to possession
Source reference: paras. 6–7Reasoning
The Court noted that the Bank had obtained a Section 14 order but alleged that no consequential action had followed despite its representations to the Tahsildar
Source reference: para. 5In light of the State’s position that the matter should be processed by the revenue authorities in accordance with law, the Court considered a time-bound direction appropriate
Source reference: paras. 3, 6It left the merits to the competent authority and made the direction subject to there being no hindrance or stay by a higher authority or competent court
Source reference: paras. 6–7Holding
The Court disposed of the writ petition and directed the concerned Tahsildar to consider and decide the Bank’s pending proceedings or representation, and take consequential steps in accordance with law, within 60 days of receiving a certified copy of the order, provided there was no hindrance or applicable stay
It expressed no opinion on the merits
Source reference: para. 7Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20022
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BANK OF BARODAvsSTATE OF CHHATTISGARH
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