Widow And Sons Facing Home Possession Over Late Husband’s Loan Get 15-Day Protection To Approach DRT-2 Ahmedabad: Chhattisgarh HC

The petitioners, the widow and sons of deceased Raydhar Kashyap, challenged an order dated 17 August 2026 made by the Collector under Section 14 of the SARFAESI Act, 2002, authorising physical possession of the secured asset for recovery of ₹19,96,322 plus interest on a housing loan availed by the deceased.

They sought to quash the order and SARFAESI proceedings, stating that they wished to settle or restructure the loan and that the Debt Recovery Tribunal (DRT), Jabalpur, was not functioning.

The State submitted that, under a Gazette notification dated 2 June 2026, matters within DRT Jabalpur’s jurisdiction had been assigned to DRT-2, Ahmedabad, where a Presiding Officer had been designated.

Section 14 of the SARFAESI Act, 2002 provides for assistance in taking possession of secured assets.

The Court recognised that the petitioners could pursue the statutory remedy under the SARFAESI Act before the DRT having jurisdiction; in this case, the relevant matters of DRT Jabalpur had been assigned to DRT-2, Ahmedabad under the Gazette notification dated 2 June 2026.

The Court accepted the State’s submission that DRT-2, Ahmedabad had been assigned the additional charge of DRT Jabalpur and that a Presiding Officer had been designated there.

It therefore found that the petitioners had an available statutory forum and could seek both listing and interim relief before that Tribunal.

To preserve their opportunity to approach the Tribunal, the Court restrained coercive steps for 15 days, while directing the Tribunal to consider any interim-relief application expeditiously and in accordance with law.

The respondents were directed not to take coercive steps during that 15-day period; the petitioners were directed to approach the Tribunal without delay and not seek an adjournment on the basis of the High Court’s interim protection.