Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 20/08/2026

Case Overview

  • Petitioners: Shri Haider Hussain (≈59 yrs), Shri Mohammad Dayyan Hussain (≈27 yrs), Smt. Kaniza Fatima (≈55 yrs), residing at A00161 Govind Nagar, Nasa Girls Hostel, G.V.N., Raipur, CG 492001.
  • Respondents: Indusind Bank Limited (represented by Authorized Officer Shri Ghanshyam Panchariya, Assistant Vice President, Sangam Tower, Jaipur) and Tehsildar, Raipur.
  • Relief sought: (i) stay of dispossession proceedings concerning Mouja Raipur, Mohallah Raja Talab, Plot No. 7/6, Ward No. 26, PH No. 109, RNM Raipur‑1, Sheet No. 4, Khasra No. 146/80, area 2,619 sq ft, pending SA No.728/2026 before DRT Jabalpur; (ii) quash of notice dated 16/06/26; (iii) any other relief with costs.
  • Petitioners argued DRT Jabalpur is non‑functioning, depriving them of remedy under SARFAESI Act, 2002, thus possession orders should be stayed.
  • Bank contended Gazette Notification dated 02/06/2026 (Ministry of Finance) transfers jurisdiction of DRT Jabalpur to DRT‑2 Ahmedabad for six months or until a regular Presiding Officer is appointed, and a Presiding Officer has already been designated, providing an efficacious alternative remedy.

Court Findings

  • The Court examined the Gazette Notification dated 03 June 2026, issued under O.M No. 18/26/2021‑EO(SM‑II), which entrusts additional charge of DRT Jabalpur to DRT‑2 Ahmedabad effective immediately, for a period of six months or until a regular incumbent is appointed, whichever is earlier.
  • The Notification lists Shri Anil Kumar Gupta as Presiding Officer, DRT‑1 Ahmedabad, and Shri Pankaj Kumar Upadhyay as Presiding Officer, DRT‑2 Ahmedabad, and directs copies to various officials and registrars.

Final Outcome

  • The writ petitions are disposed; petitioners are directed to file appropriate proceedings before DRT‑2 Ahmedabad, including applications for listing and interim relief.
  • The interim protection already granted by this Court shall continue until DRT‑2 Ahmedabad considers the stay applications.
  • No coercive steps shall be taken against the petitioners for ten days from the date of this order.
  • Petitioners must approach the Tribunal without delay and may not seek adjournment on the ground of the interim order.
  • DRT‑Jabalpur/DRT‑2 Ahmedabad shall consider applications for interim relief/stay expeditiously in accordance with law.

Topics: Banking Dispute, DRT Jurisdiction