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CDJ 2026 Ch HC 138
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| Court : High Court of Chhattisgarh |
| Case No : WPC No. 4084 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE AMITENDRA KISHORE PRASAD |
| Parties : Central Bank Of India Through Its Authorized Officer, Surguja (C.G.) Versus State Of Chhattisgarh Through Its Secretary, Department Of Revenue, Raipur (C.G.) & Others |
| Appearing Advocates : For the Petitioner: Anand Shukla, Advocate. For the Respondents: Dr. Saurabh Kumar Pande, Deputy Advocate General. |
| Date of Judgment : 06-08-2026 |
| Head Note :- |
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 14 -
Comparative Citation:
2026 CGHC 34386,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
- Section 13(2) of the Act of 2002
- Section 13(4) of the Act of 2002
- Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
- Section 14 of the Act of 2002
2. Catch Words:
- possession
- secured asset
- security interest
- non‑performing asset
- Section 14
3. Summary:
The petitioner bank sought enforcement of a District Collector’s order dated 14‑08‑2025 directing delivery of physical possession of secured immovable property under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The bank had complied with all statutory requirements, including notices under Sections 13(2) and 13(4) and a possession notice. Despite the order, the Tahsildar failed to execute possession. The Court, after hearing both sides, directed the Tahsildar to implement the order within 45 days, subject to no legal impediment, without expressing any view on the merits. The petition was disposed of with the direction and no costs awarded.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. By filing the present writ petition, the petitioner-Bank calls in question the inaction on the part of respondent Nos.2 and 3 in implementing the order dated 14.08.2025 passed by the District Collector, Surguja in Case No.81/B-121/2023-24 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and seeks a direction for expeditious delivery of physical possession of the secured asset in accordance with law. The petitioner has prayed for following relief(s):-
"i. That the Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction upon the respondent No. 02 & 03 to comply with the order dated 14.08.2025 passed by the Respondent No.02 in case no. 81/B-121/2023-24 and assist the Petitioner Bank in obtaining the physical possession of the secured assets as stated in the order dated 14.08.2025 as early as possible in a time bound manner, in the interest of justice.
ii. To kindly make any other order or writ that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner."
2. Facts of the case, as projected, are that the petitioner is a Bank which had extended financial assistance to respondent No.4/Ms. Shri Shyam Food Products through its partners in the ordinary course of its banking business. According to the petitioner, respondent No.4 availed financial assistance to the tune of Rs.5,80,00,000/- by creating security interest over its immovable properties in favour of the petitioner Bank. It is the case of the petitioner that the borrower committed default in repayment of the loan amount and consequently the loan account was classified as a Non-Performing Asset (NPA) on 29.11.2023 in accordance with the applicable banking norms. Thereafter, the petitioner initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, "the Act of 2002"). A demand notice under Section 13(2) of the Act of 2002 was issued to the borrowers on 13.12.2023, calling upon them to discharge the outstanding liability within the prescribed period. Despite issuance of the notice under Section 13(2), the borrowers failed to liquidate the outstanding dues. Consequently, the petitioner took measures under Section 13(4) of the Act of 2002 and also issued a possession notice, which was duly published in the newspapers. Since the borrowers failed to hand over possession of the secured assets, the petitioner preferred an application under Section 14 of the Act of 2002 before the District Magistrate. Initially, the application was rejected by order dated 16.01.2025, which came to be quashed by this Court in W.P.(C) No.1049/2025 vide order dated 27.02.2025, directing the District Magistrate to decide the application afresh in accordance with law. Pursuant thereto, the District Magistrate passed an order dated 14.08.2025 directing delivery of physical possession of the secured assets to the petitioner Bank. However, despite the said order and repeated requests made before the concerned Tahsildar for implementation thereof, no effective action has been taken till date. Being aggrieved by such inaction on the part of the respondent authorities, the petitioner has approached this Court seeking appropriate directions.
3. Learned counsel for the petitioner submits that the petitioner Bank has already completed all statutory formalities contemplated under the Act of 2002. It is contended that after issuance of the notice under Section 13(2), taking measures under Section 13(4), issuance and publication of the possession notice, and obtaining the order dated 14.08.2025 under Section 14 of the Act of 2002 from the District Magistrate, the petitioner is legally entitled to obtain physical possession of the secured assets. Learned counsel submits that despite the specific direction issued by the District Magistrate, the authorities concerned, particularly the Tahsildar, have failed to take consequential steps for handing over possession of the secured assets to the petitioner Bank. It is further argued that the proceedings under Section 14 of the Act of 2002 are intended to facilitate expeditious enforcement of security interest and recovery of public money and, therefore, the authorities cannot keep the matter pending indefinitely without any justifiable reason. Learned counsel submits that despite repeated requests made before the concerned authorities, no action has been taken till date, thereby causing serious prejudice to the petitioner Bank in recovery of its outstanding dues. It is, therefore, prayed that appropriate directions be issued to the concerned Tahsildar to implement the order dated 14.08.2025 passed under Section 14 of the Act of 2002 within a stipulated period.
4. Per contra, learned State counsel submits that the order under Section 14 of the Act of 2002 has already been passed by the District Magistrate and the same is required to be implemented by the concerned revenue authorities in accordance with law. It is further submitted that if this Court directs the concerned Tahsildar to take consequential steps for execution of the order dated 14.08.2025 within a reasonable time frame, the State would have no objection.
5. Heard learned counsel for the parties and perused the material available on record.
6. From the pleadings and documents filed by the petitioner, it appears that after declaration of the loan account as a Non- Performing Asset, the petitioner initiated proceedings under the provisions of the Act of 2002 and, pursuant to the order passed by this Court in W.P.(C) No.1049/2025, obtained an order dated 14.08.2025 under Section 14 of the Act of 2002 from the District Collector, Surguja directing delivery of physical possession of the secured assets. The grievance of the petitioner is that despite passing of the said order and despite approaching the concerned Tahsildar for its implementation, no consequential action has been taken for handing over possession of the secured assets to the petitioner Bank.
7. Considering the aforesaid aspect of the matter, this Court deems it appropriate to dispose of the present writ petition with a direction to the concerned Tahsildar to implement the order dated 14.08.2025 passed under Section 14 of the Act of 2002 and take consequential steps for handing over physical possession of the secured assets to the petitioner Bank, in accordance with law, within a period of 45 days from the date of receipt of a certified copy of this order, provided there is no legal impediment or any order of stay passed by any competent Court or authority. 8 It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned shall proceed strictly in accordance with law.
9. Accordingly, the writ petition stands disposed of. No order as to costs.
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