The DRT must individually examine all measures taken by the secured creditor under SARFAESI to ensure comprehensive and fair adjudication of borrower rights, including amendments in pending cases.

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 or enforcement, in respect of the subject property, till the final adjudication of the Petitioner's pending applications before the DRT.

e. Pass any other order(s), direction(s), or relief(s) as this Hon'ble Court may deem fit, proper and just in the interest of justice, equity, and fair adjudication."

Facts of the case, in short, are as under:-

2. The respondent-Bank issued a notice dated 19.4.2017 under Section 13 (2) of the SARFAESI Act, which was challenged by the petitioner by filing Securitisation Application No.238/2017. The learned DRT, Jabalpur quashed the notice and vide order dated 13.9.2017 dismissed the aforesaid application. Thereafter, a fresh demand notice under Section 13 (2) of the SARFAESI Act dated 22.9.2017 was issued by the respondent Bank. The respondent-Bank filed an application before the District Magistrate, Dhar, under Section 14 of the SARFAESI Act in Case No.0089/B-121/2017-18 by mentioning wrong Khasra Numbers 384(K) and 455/2. Thereafter, the District Magistrate passed an order dated 24.4.2019 admitting the application. In the meantime, the subject property was auctioned at an amount of Rs 1,05,00,000/- in the year 2021. After a lapse of two and a half years, the respondent Bank filed an application on 13.4.2021 for modification of the order before the District Magistrate, Dhar, disclosing the error of the survey number of the land in the order dated 24.4.2019. The petitioner filed a reply to the said application. Thereafter, vide order dated 18.10.2021, the District Magistrate, Dhar, dismissed the application.

3. Thereafter, the petitioner filed an application under Section 17 of the SARFAESI Act against the order dated 18.10.2021, which was registered as SA 94/2021. Vide order dated 21.11.2023, the learned DRT dismissed the IA for condonation of delay as well as IA for amendment by holding that the DRT has no power to condone the delay. Thereafter, the respondent-Bank has filed a WP No.3806/2022 before this Court for setting aside the order dated 18.10.2021. Vide order dated 22.5.2024, the petition was allowed by the writ court. Thereafter, the respondent-Bank filed a fresh application for correction of the order passed under Section 14 of the SARFAESI Act and obtained a modified order from the District Magistrate, Dhar, dated 3.2.2025. In view of this order, the applicant filed the IA for amendment along with an application for condonation of delay and an application for stay.

4. Vide impugned order dated 10.7.2025, the learned DRT has rejected the application on the ground of delay as well as on the ground that the order dated 6.3.2025 is only an amendment order, which does not give a fresh cause of action, hence this petition before this Court.

5. We heard Shri Manu Maheshwari learned counsel for the petitioner. Shri Ga