The court emphasized the right to timely judicial intervention when the legality of asset possession processes is contested.

JUDGMENT

(Dated this the 26th day of November, 2025)

The petitioners have approached the Debts Recovery Tribunal by filing S.A. No.820/2025 against the proceedings initiated under Section 14 of SARFAESI Act , whereby the Chief Judicial Magistrate's Court had appointed an Advocate Commissioner to take physical possession of the secured assets as per order dated 24.10.2025.

2. The learned counsel for the petitioner submits that the S.A.

came up for admission before the tribunal on 25.11.2025. Since there was a caveat, the respondent sought time for filing a counter affidavit in the stay petition as well as in the S.A. The same is posted to

04.12.2025 for hearing of the stay petition.

3. The case of the petitioners is that in the meanwhile, the Commissioner appointed by the Chief Judicial Magistrate's Court had issued Ext.P5 notice on 10.11.2025, wherein it is stated that any day after 14 days from the date of receipt of the notice, the possession of the secured assets would be taken. The petitioners apprehend that any day the Commissioner will take physical possession during the pendency of the stay petition.

4. In such circumstances, the limited request made by the petitioner is that till the next posting on 04.12.2025, the taking of physical possession may be deferred so as to enable him to obtain orders in the stay petition.

5. The learned counsel for the respondent vehemently opposed the same and submits that the total outstanding due to the bank is Rs.3 crores 93 lakhs and there is no illegality in Ext.P4 order passed by the CJM. When the case came up for admission yesterday, the Tribunal was not inclined to grant any stay on taking physical possession and directed filing of a counter affidavit. In such circumstances, this Court invoking jurisdiction under Article 227 of the Constitution of India, shall not interfere in the proceedings pending before the DRT and pass any orders.

6. It is not in dispute that Ext.P4 is under challenge in S.A.

No.820/2025 before the DRT. Along with the S.A., an application has been filed as Ext.P6 to stay all further proceedings pursuant to the Advocate Commissioner's notice. The Commissioner has issued notice as Ext.P5 on 10.11.2025 to take physical possession of the secured assets. Since the S.A. is posted to 04.12.2025, for the ends of justice; I deem it appropriate to stay the taking of physical possession of the secured assets till 04.12.2025.

Given this, the OP(DRT) stands disposed of.