M/S S.M. Poultry, Partnership Concern, Thro Its Partner Mr. Shambhu Kumar v. Authorized Officer, Bank of India, Asset Recovery Branch
Case brief
What is this about?
High Court of Jharkhand (Ananda Sen, J.), WP(C) No.3100 of 2026, decided 08.07.2026. Petitioners M/s S.M. Poultry (through partner Shambhu Kumar) and Mina Devi challenged an E-auction sale notice dated 23.03.2026 (Annexure-3) issued by the Authorised Officer, Bank of India, and the contemplated auction of secured assets. Court held the remedy lies before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act; possession of secured assets and their auction are urgent matters and the DRT is expected to take up such a matter urgently on a plea of urgency; liberty granted to challenge any effected auction before the DRT. Writ petition disposed of. Keywords: SARFAESI Act, Section 17, alternative remedy, Debt Recovery Tribunal, e-auction sale notice, secured asset, Bank of India.
What did the court decide?
Writ petition disposed of with liberty to the petitioners to approach the Debts Recovery Tribunal under section 17 of the SARFAESI Act, which is expected to take the matter up on urgent basis; liberty to challenge the auction before the Debts Recovery Tribunal if it has already been effected.