Authority: High Court of Chhattisgarh at Bilaspur
Order Date: 03/08/2026
Case Overview
- Petitioners: Chhattisgarh Rajya Gramin Bank (through Authorized Officer Shishir Shukla) filed a writ petition challenging the Collector, District Kabirdham’s order dated 13 January 2026 which dismissed the bank’s application under Section 14 of the SARFAESI Act for want of prosecution.
- Respondents: State of Chhattisgarh, Secretary Revenue & Disaster Management Department, Raipur; District Magistrate‑Cum‑Collector Kabirdham; and Rajkumari Thakur.
- The bank argued that the dismissal was due to an inadvertent failure to appear and sought enforcement of its statutory remedy under the SARFAESI Act.
- The State contended that the bank repeatedly failed to appear before the Collector, justifying dismissal for want of prosecution.
- The Court observed that the dismissal was solely on procedural grounds, the application had not been considered on its merits, and the bank’s non‑appearance was explained as inadvertent.
Final Outcome
- The Court set aside the Collector’s order dated 13 January 2026.
- The bank is directed to file a fresh application under Section 14 of the SARFAESI Act before the Collector, District Kabirdham, which must be considered on merits after granting a hearing to all concerned parties.
- The Court expressly refrained from expressing any opinion on the merits of the underlying loan dispute.
Topics: SARFAESI Act; Banking Enforcement; Court Order