ORDER

Rusia, J.-- 1. Petitioner has filed this review petition seeking review of the order dated 24.11.2025, whereby Writ Petition No.42858/2025 has been disposed of with a liberty to issue a fresh notice under section 13(2) of the SARFAESI Act in order to get an order under section 13(4) of the SARFAESI Act.

2. Learned counsel for the petitioner submits that after issuing a fresh notice under section 13(2) of the SARFAESI Act, nothing will remain in the Securitisation Application filed by the borrower pending before the Debts Recovery Tribunal, Jabalpur. Therefore, the impugned order should be reviewed.

3. In this case, the petitioner bank initially approached the Chief Judicial Magistrate under section 13(4) of the SARFAESI Act to get support from the reviewing authorities for obtaining possession. Vide order dated 20.12.2023, learned Judicial Magistrate First Class, Sehore, directed Tehsildar, Kannod Road, Aasta, Sehore, to get the possession of plot/house Kannod Road, Aasta Ward No.16 and hand over to the secured creditor. After almost one year, the possession of the ground floor of the house in question was taken, vide panchnama dated 16.12.2024, and the borrower was given 15 days' time by the Tehsildar to hand over the vacant possession of the second floor of the house.

4. According to the petitioner, after some time, the borrower again entered into the house/secured assets. Hence, a fresh application was filed before Judicial Magistrate First Class, Sehore, on 12.9.2025 for execution of the order dated 20.12.2023, but learned CJM has dismissed vide order dated 23.9.2025 as not maintainable by placing reliance on a judgment passed by this Court in AU Small Finance Bank Ltd. v. State of M.P. 2025 (III) MPWN 7 = [(2025) MPHC 207].

5. The bank obtained the order under section 13(4) of the SARFAESI Act on 20.12.2023 and took possession of a part of the secured assets that even after one year. Thereafter, no action was taken by the petitioner to recover the debt by sale of the secured assets for one year. The purpose of enacting the SARFAESI Act is to give an authority/right to the secured creditor to recover the debt speedily without the intervention of the Court. If, after obtaining the order of possession, the secured assets are not sold and protected, then the situation may arise that the borrower or any other unauthorised person may take possession. Therefore, after initiating the proceedings of section 13(2) of the SARFAESI Act, the secured creditor is required to act speedily to recover the debt.

6. In the present case, two years have passed after issuing notice under section 13(2) of the SARFAESI Act and getting an order under section 13(4) of the SARFAESI Act. Therefore, the very purpose of the initiation of proceedings under the provisions of the SARFAESI Act gets frustrated. The liberty has been granted to initiate the process under section 13(2) of the SARFAESI Act and get an order of possession under section 13(4) of the SARFAESI Act. No case for review is made out.

7. Accordingly, the Review Petition is dismissed.