Authority: High Court of Chhattisgarh at Bilaspur
Order Date: 03/08/2026
Case Overview
- Petitioners: Rewa Chand Sadhwani (65), Vikram Sadhwani (40), and Sandhya Sadhwani (61), residents of Gobra Nawapara, Raipur, Chhattisgarh.
- Respondents: LIC Housing Finance Limited (through authorized officer), The Collector and District‑Magistrate, Raipur, and the Tehsildar, Gobra Nawapara, Raipur.
- Issue: A memorandum dated 08.07.2026 issued by the Tehsildar (Respondent No.3) directed the Maal Jamadar to take physical possession of the petitioners' residential property and hand it over to LIC Housing Finance Ltd.
- Petitioners argued they could not approach the Debt Recovery Tribunal (DRT), Jabalpur because it was not functioning, leaving them without the statutory remedy under the SARFAESI Act, 2002.
- State counsel cited Gazette Notification dated 02.06.2026 (Ministry of Finance) assigning the jurisdiction of DRT‑Jabalpur to DRT‑2 Ahmedabad for six months or until a regular presiding officer is appointed, and noted that a presiding officer has already been designated for DRT‑2 Ahmedabad.
Final Outcome
- The Court directed the petitioners to approach DRT‑2 Ahmedabad and file appropriate proceedings, including applications for listing and interim relief, within two weeks from the date of the order.
- Respondents were prohibited from taking any coercive steps against the petitioners for the two‑week period.
- The petitioners were instructed not to seek further adjournments on the ground of the interim protection granted.
- DRT‑2 Ahmedabad was directed to consider the petitioners' applications for interim relief or stay and to pass appropriate orders expeditiously, in accordance with law.
Topics: Possession Order, DRT Jurisdiction, SARFAESI Act