Authority: High Court of Jharkhand at Ranchi
Order Date: 14 Oct 2026
Case Overview
- Petitioner: Smt. Santosh Kaur, borrower of a loan secured by mortgaged property.
- Respondents: State of Jharkhand; Bank of Baroda (through General Manager (Principal Nodal Officer), Regional General Manager, Chief Manager, Branch Manager).
- The petitioner filed writ petition (W.P.(C) No. 8402 of 2026) alleging that the bank had auction‑sold the mortgaged property on 25‑Aug‑2026 despite a pending application (I.A. No. 460/2026) before the Debts Recovery Tribunal (DRT), Ranchi, seeking a restraining order.
- Counsel for petitioner argued that the DRT should hear the application before any physical possession is transferred to the auction purchaser and indicated a further interlocutory application would be filed by 15‑Oct‑2026.
- The court noted that the petitioner may request early hearing of the DRT application and that the DRT should consider it expeditiously, certainly before any possession is handed over.
Final Outcome
- The writ petition is disposed of with the observation and direction that the Bank of Baroda must not transfer physical possession of the property to the auction purchaser until the DRT has heard the petitioner’s application.
Topics: Banking, Court Proceedings