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DIPANKAR DATTA, SATISH CHANDRA SHARMA
Chaitanya Bahuuddeshiya Shikshan Prasarak Mandal – Appellant
Versus
Auxilo Finserve Pvt. Ltd. – Respondent
ORDER
1. I.A. No.67814 of 2026 dated 26th February, 2026 is an application for directions, filed by the respondents 1 and 2 [secured creditor]. It is listed for consideration together with the special leave petition. Prayers made in the application for directions read as follows:
b) to direct closure of the School (CHAITANYA PUBLIC SCHOOL & JUNIOR COLLEGE [SCHOOL]) after the ensuing final examinations enabling the Respondents to take possession and auction the premises.
c) Call upon the Education Officer (Secondary) to provide an action taken report with regard to non-compliances by the Petitioners of the directions issued by this Hon’ble Court and the communications sent by the Administrator;
d) Pass any other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
2. The special leave petition is directed against a judgment and order dated 27th June,
Repeated borrower non-compliance and contempt in SARFAESI proceedings justify school closure on secured asset post-exams, repossession with police aid, and fresh valuation for auction, prioritizing r....
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The main legal point established in the judgment is the importance of following proper procedures and challenging liabilities under specific provisions of law when seeking to discharge statutory liab....
The borrower's right of redemption is extinguished upon the publication of the auction notice, allowing the auction purchaser to claim possession.
(1) Possession of secured asset – Powers exercisable by CMM/DM under Section 14 of SARFAESI Act are ministerial step – Section 14 of SARFAESI Act does not involve any adjudicatory process qua points ....
The court clarified that the jurisdiction of the relevant Authority under Section 14 of the SARFAESI Act is limited to assisting a secured creditor in recovering possession of secured assets from a d....
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