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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vivek Rusia, Binod Kumar Dwivedi
Anil Agrawal – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petition seeks various reliefs regarding sarfaesi act. (Para 1) |
| 2. factual background of sarfaesi proceedings. (Para 2 , 3 , 4) |
| 3. parties' arguments on legal interpretations of sarfaesi. (Para 5 , 6) |
| 4. court's analysis of drt's jurisdiction and powers. (Para 7 , 8 , 9 , 10) |
| 5. right to challenge amended orders in sarfaesi. (Para 11 , 12) |
| 6. conclusion directing drt compliance. (Para 13 , 14) |
ORDER :
Vivek Rusia, J.
1. The present miscellaneous petition has been filed by the petitioner seeking the following relief(s):-
"a. Quash and set aside the order dated 10.07.2025 (Annexure P/01) or alternatively
b. Hold and declare that the Debts Recovery Tribunal is competent to entertain and decide applications for condonation of delay under Section 17 (1) of the SARFAESI Act, 2002, by applying Section 5 of the LIMITATION ACT , 1963 and / or
c. Direct the Hon'ble DRT to hear and decide the Petitioner's IA. No. 2404/2025 (condonation of delay application) afresh on merits, and thereafter, the corresponding I.A. No. 2405/2025 (amendment application), in accordance with law.
d. Stay all further proceedings and actions under Section 14 of the SARFAESI Act, including dispossession o
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