DRT Patna dismissed a maintainability objection regarding actions freeze by a bank under SARFAESI ACT 13(4). Rule stated applicant must file fresh application to quash physical possession as prior order did not address such issue.
Application dismissed as not maintainable; directed to file fresh application under Section 17.
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DEBTS RECOVERY TRIBUNAL, PATNA
| Date of order or proceeding |
Order with the Signature of the Court |
Office action taken with date |
|---|---|---|
| 30.10.2025 | MA 244 of 2024 Ld. counsels for the parties are present. Ithas been submitted on behalf of the applicant that the present MA has been filed by the applicant after the factum of taking physical possession by the respondent under the SARFAESI measures. Ld. counsel for the applicant submits that the measure of the physical possession is in violation of the order passed by this Tribunal in SA 290 of 2022 vide judgment dated 23.12.2022. From perusal of the aforesaid judgment as annexed with the application, it appears that the SARFAESI measures with regards to the auction sale was set-aside and there is no observation with regards to the fact of taking physical or symbolic possession, if any. In such circumstances, the respondent bank is not under obligation to set the action freeze after passing of the aforesaid order andjudgment. If the applicant is aggrieved by the subsequent measures initiated by the respondent bank u/s 13(4) of the SARFAESI Act, the applicant may file fresh application u/s 17 of the SARFAESI Act, if any. Accordingly, the present MA is not maintainable.Itis dismissed. Order be uploaded on the Tribunal's website.Vr |
|
| Patna (Kaushalendra Yadav) Presiding Officer |
1 issue framed by the court
Whether maintenance of an application for quashing the taking of physical possession is valid when the order set aside did not address such possession.
2 provisions across 1 enactments
Applicant
Respondent Bank
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
