IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE PRADEEP MITTAL

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ON THE 28 OF JANUARY, 2026 WRIT PETITION No. 2430 of 2026 DILIP SHIVHARE Versus AUTHORIZED OFFICER AND OTHERS Appearance:

Shri Avinash Zargar - Advocate for petitioner.

ORDER Per: Justice Vivek Rusia The petitioner has filed the present writ petition under Article 226 of the Constitution of India, being aggrieved by the order dated 12.08.2023 passed by the Debt Recovery Appellate Tribunal, Allahabad, in Appeal No. R-39/2019, whereby the appeal filed by the State Bank of India has been dismissed, and the order dated 20.03.2019 passed by the Debt Recovery Tribunal was affirmed.

2. The respondent/Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, “the SARFAESI Act”) and sold the mortgaged property through auction proceedings. The said auction was challenged by the borrower before the Debt Recovery Tribunal. The Debt Recovery Tribunal, in Securitisation Application No.17 of 2016, vide order dated 20.03.2019, set aside the auction sale dated 13.11.2015 and directed the