1 2025:CGHC:44184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4635 of 2025 Bank Of Baroda Gurudwara Branch Kawardha, District- Kabirdham Chhattisgarh, 491995, Trough Its Authorised Officer Shri Rajesh Kumar Thakur, ... Petitioner(s) versus 1 - The Collector And District Magistrate Kawardha, District- Kabirdham, Chhattisgarh,491995 2 - The Tehsildar Kawardha District- Kabirdham, Chhattisgarh,491995 3 - M/s Prakash Trading Company Through Its Proprietor Mr. Suresh Kumar Gupta Having Its Officer Near Guru Govind Singh Gate Main Road Kawardha District- Kabirdham Chhattisgarh,491995 4 - Mr. Suresh Kumar Gupta (Co- Borrower) S/o Dwarika Prasad Gupta, R/o Gupta Para Ward No.14, Kawardha, District- Kabirdham, Chhattisgarh,491995 5 - Mr. Ashok Kumar Gupta S/o Shri Atmaram Gupta (Guarantor) R/o Gupta Para Ward No.14, Kawardha, District- Kabirdham, Chhattisgarh, 491995 6 - Mr. Manoj Gupta S/o Shri Atmaram Gupta (Guarantor) R/o Gupta Para, Ward No.14, Kawardha, District- Kabirdham, Chhattisgarh,491995 7 - Mr.Neeraj Gupta S/o Late Shri Rajkumar Gupta (Guarantor) R/o Gupta Para Ward No.14, Kawardha, District- Kabirdham, Chhattisgarh, 491995 8 - Mrs Sharda Gupta W/o Suresh Gupta (Guarantor) R/o Gupta Para, Ward No.14, Kawardha District- Kabirdham Chhattisgarh,491995 ... Respondent(s) For Petitioner(s) : Mr. Ankit Singhal, Advocate For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 01/09/2025 1. The petitioner has filed this writ petition on the following relief: “10.1 That, this Hon’ble Court may kindly be 2 pleased to pass any appropriate writ, order or direction to the respondent no. 2 to comly with the order passed by the respondent no. 1 vide order dated 31.12.2024 to assess the petitioner bank in obtaining physical possession of the secured assets, expeditiously within a period of 30 days, in the interest of justice. 10.2 Any other relief/s which this Hon’ble Court may deem fit and proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for the petitioner submits that the present petition is filed by the petitioner seeking a direction to respondent no. 2 to execute the possession order dated 31.12.2024 passed by the respondent no. 1 District Magistrate under Section 14 of the SARFAESI Act, 2002. Despite repeated directions and authorities have failed to hand over physical possession of the mortgaged property to the petitioner bank. This Hon’ble Court had earlier in WPC No. 5716 of 2024, directed the Respondent no. 1 to decide the pending application under Section 14 and take necessary action within 30 days. The Respondent no. 1 complied and passed an order on 31.12.2024 directing the Respondent no. 2 to assist the Bank in taking possession. However, the borrower Respondents filed appeals before the Learned DRT which 3 granted them conditional interim relief subject to deposit of Rs. 1 crore in four installments. Upon failure to comply, the learned DRT clarified on 11.07.2025 that the petitioner bank is now free to act on the possession order. 3. Learned State Counsel submits that an appeal has already been filed by the borrower before the DRT, therefore, the present petition is not maintainable and is liable to be dismissed. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Looking to the entire facts and circumstances of the case, submissions of the counsels, particularly the fact that the matter relates with SARFAESI Act, 2002 and an appeal has already been filed by the borrower before the DRT which is still pending, this Court is of the considered opinion that there is no good ground to entertain this petition. 6. In view of the above, the present petition is disposed of with a direction to the petitioner to pursue the matter before the Tehsildar in execution proceeding, if so desire. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Arvind Kumar Verma) JUDGE Madhurima