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VIVEK RUSIA, PRADEEP MITTAL
Cent Bank Home Finance Ltd. – Appellant
Versus
Chandar Singh Thakur – Respondent
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 da
The main legal point established in the judgment is the court's authority to provide limited protection to a borrower from auction-sale of secured assets under the SARFAESI Act, 2002, in cases where ....
Repeated non-compliance with court orders and attempts to delay proceedings can amount to abuse of process under SARFAESI Act.
The main legal point established in the judgment is the proper application of Section 14 of the SARFAESI Act, including the requirements for the application, consideration of borrower's representatio....
The SARFAESI Act provides a specific framework for securitization and enforcement of security interest, and parties must adhere to its provisions. The jurisdiction of the Debts Recovery Tribunal and ....
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