Authority: High Court of Jharkhand at Ranchi
Order Date: 15 October 2026
Case Overview
- Parties: Petitioner – Amrapali Enterprises, a proprietorship concern represented by proprietor Manoj Kumar; Respondents – State of Jharkhand, District Magistrate‑cum‑Deputy Commissioner, East Singhbhum, and Authorized Officer, Bank of India.
- Nature of Proceeding: Writ petition (Civil) seeking quash of the order dated 22 August 2026 in SARFAESI Case No. 36/2026‑27 directing physical possession of the petitioner's mortgaged property.
- Background: The petitioner earlier filed an application under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal (DRT), Ranchi, registered as S.A. No. 111 of 2025. The DRT issued an interim order on 21 November 2025 restraining the Bank of India from taking physical possession of the property until further orders.
- Subsequent Development: Despite the interim DRT order, Respondent No. 2 (District Magistrate) issued an order on 22 August 2026 directing the Bank to take physical possession. The Bank of India produced a copy of the DRT order dated 1 October 2026, stating that it would not take possession of the secured asset while the interim order dated 21 November 2025 remains effective.
- Court’s Observation: Considering the Bank’s submission that possession will not be taken pending the interim DRT order, the Court held that there was no necessity to continue the proceedings.
Final Outcome
The writ petition is disposed of; no further action is required, effectively leaving the interim DRT order in force and preventing the Bank from taking physical possession of the mortgaged property.
Topics: SARFAESI, Court Order, Mortgage Possession