1 2025:CGHC:61866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 432 of 2025 {Arising out of order dated 25.09.2025 passed in WPC No.5107 of 2025} 1 - Rajani Seth W/o Rajesh Seth Aged About 48 Years R/o Kanchan Vihar Sirgitti, Tehsil - Bilaspur District- Bilaspur Chhattisgarh, (Respondent No.8) 2 - Rajesh Seth S/o Kailash Seth Aged About 52 Years R/o Kanchan Vihar Sirgitti, Tehsil Bilaspur District- Bilaspur Chhattisgarh,(Respondent No.7) 3 - M/s Waliya And Company Through Partner- Rajesh Seth, Office At Kanchan Vihar, Nawapara Sirgitti, Bilaspur District- Bilaspur Chhattisgarh, (Respondent No.6) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan, Atal Nagar Naya Raipur, District- Raipur Chhattisgarh, (Respondent No.1) 2 - Collector Cum District Magistrate Bilaspur District- Bilaspur Chhattisgarh, (Respondent No.2) 3 - Tehsildar Bilaspur District- Bilaspur Chhattisgarh, (Respondent No.3) 4 - Superintendent Of Police Bilaspur District- Bilaspur Chhattisgarh, (Respondent No.4) 5 - Sub Divisional Magistrate Bilaspur District- Bilaspur Chhattisgarh (Respondent No.5) 6 - Bank Of Baroda Rosarb Branch Through Authorised Officer Prahlad Kumar Jha, S/o Shri Deo Chandra Jha, Aged About 44 Years Office At Bank Of Baroda Regional Officer Bilaspur District- Bilaspur Chhattisgarh, (Petitioner ) 2 7 - Shubham Kumar S/o Late Sanjayan Kumar R/o Duruwpara Kanchan Vihar, Nawapara, Sirgitti, Bilaspur District- Bilaspur Chhattisgarh, (Respondent No.9) 8 - Cent Bank Home Finance Ltd Through Branch Manager Office At First Floor, Mittle Complex, Main Road, Vyapar Vihar District- Bilaspur (C.G.) ... Respondents For Petitioners : Mr. Sushil Dubey, Advocate For State-Respondent : Mr. Ajit Singh, GA For Respondent No.6 : Mr. Saket Pandey, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 19/12/2025 1. The present review petition has been filed by the petitioners for reviewing the order dated 25.09.2025, passed by this Court in Writ Petition(C) No.5107 of 2025. 2. Brief facts of this case is that the Respondent No.6/Bank filed proceedings under the provisions of Section 14 of the SARFAESI Act, 2002 before the Respondent- Collector/District Magistrate, Bilaspur stating that they approached before the District Magistrate Bilaspur for taking possession of the mortgage property. The District Magistrate, Bilaspur vide its order dated 15.05.2023 allowed the application of the Respondent No. 6 with direction to the Respondent- Tehsildar, Bilaspur to provide possession of the aforesaid properties to the Respondent Bank using police force, if required. Thereafter, Respondent No. 6 (Bank) 3 preferred a writ petition before this Court which was registered as WPC No. 5107 of 2025 seeking compliance of the order while deliberately concealing the pendency of the Civil Suit preferred by the Cent Bank as well as the Scrutinization Application preferred by the Applicants before the DRT Jabalpur and the writ petition came up for hearing on 25.09.2025 before this Court and this had disposed of the petition with direction to the Respondents No. 2 & 3 to comply with the order dated 15.05.2023 (Annexure P/1) passed under Section 14 of the SARFAESI Act, 2002 and conclude the proceedings after giving opportunity of hearing to respondents No. 6 to 9, expeditiously, preferably within a period of '60 days' from the date of receipt of copy of this order. However, no notice was issued to the Applicant and no opportunity of hearing was afforded to submit the important facts deliberately concealed by the Respondent No. 6. Hence this review petition. 3. Learned counsel for the petitioners would submit that the applicants filed an application under Section 17 of the SARFAESI Act, 2002 before the Debt Recovery Tribunal, Jabalpur which was registered as SA No.924 of 2024 challenging the order dated 15.05.2023 passed by the District Magistrate, Bilaspur and the same is pending before the Debt Recovery Tribunal, Jabalpur for consideration. He would further submit that the respondent No.6/Bank preferred a writ petition before this Court which was registered as WPC No.5107/2025 deliberately concealing the pendency of the civil suit preferred by the Cent Bank as well as the scrutinization application preferred by the applicants before the DRT, 4 Jabalpur and the writ petition came up for hearing on 25.09.2025 before this Court and the Respondent-Bank had sought following reliefs: “10.1 That, the records pertaining to the proceedings before the respondents may kindly be called for kind perusal of this Hon’ble Court. 10.2 That, this Hon’ble Court may kindly direct the Respondent No.2 to 5 to assist in granting the physical possession of the mortgaged properties of the petitioner bank, also to conclude the proceedings under Section 14 of the Act, 2002, in Revenue Case No.57/B-121/2020-2021, with use of required force, in the interest of justice. 10.3 Any other relief, which this Hon’ble Court may deemed just and fit in facts and circumstances of the case.” 4. Learned counsel would further submit that ignorant the fact of the pendency of the civil suit preferred by the Cent Bank as well as the scrutinization application preferred by the applicants before the DRT, Jabalpur and only on the basis of the original application pending before the DRT, Jabalpur which was filed by respondent No.6/Bank, this Court had passed the order on 25.09.2025 as under : “10.In the case at hand, Respondent No. 2/District Magistrate has passed an order dated 15.05.2023 (Annexure P/1) under Section 14 of the Act, 2002. However, as of now, more than two years has already been lapsed. Perusal of the documents would show that the Respondent No.3/Tehsildar in compliance of the order dated 15.05.2023 (Annexure P/1) passed by the Respondent No. 2/District Magistrate has not issued memo for taking over the possession of the mortgaged property and further considering the provisions under Section 14 of the Act, 2002 and the period prescribed therein, the writ petition at this stage is disposed of with a direction to the Respondents No. 2 & 3 to comply with the order dated 15.05.2023 (Annexure P/1) passed under Section 14 of the Act, 2002 and conclude the proceedings after giving opportunity of hearing to respondents No.6 to 9, 5 expeditiously, preferably within a period of ‘60 days’ from the date of receipt of copy of this order.” 5. He would further submit that this Court has issued a time bound directions to the Respondent No.2-Collector, Bilaspur and Respondent No.3- Tehsildar, Bilaspur to comply with the order dated 15.05.2023 passed under Section 14 of the Act, 2002 and conclude the proceedings after given opportunity of hearing to respondents No.6 to 9, expeditiously, preferably within a period of ‘60 days’ from the date of receipt of copy of this order which if not done within time the matter may be liable to contempt proceeding which would adversely affect the rights of the applicants who were not given any notice and afforded opportunity of hearing. Therefore, it is prayed that this review petition may be allowed and modified the order dated 25.09.2025 passed in WPC No.5107/2025. 6. Learned counsel for the respective respondents are agree with the submission made by learned counsel for the petitioners that the application filed by the petitioners under Section 17 of the SARFAESI Act, 2002 is pending for consideration before the Debt Recovery Tribunal, Jabalpur. 7. I have heard learned counsel for the parties and perused the record with utmost circumspection. 8. Considering the facts of the case and submission made by learned counsel for the parties. 6 9. On perusal of the record as well as Annexure A/6, I have found that the petitioners has filed application under Section 17 of the SARFAESI Act, 2002 before the Debt Recovery Tribunal, Jabalpur which was registered as SA No.924 of 2024 challenging the order dated 15.05.2023 passed by the District Magistrate, Bilaspur and the same is pending before the Debt Recovery Tribunal, Jabalpur for consideration. 10. In view of the above, the instant review petition is disposed of with a direction that the order passed by the District Magistrate, Bilaspur, District Bilaspur (C.G.) on 15.05.2023 vide Annexure A/2 shall remain subject to the final outcome of the SA No.924 of 2024 which is pending for consideration before the Debt Recovery Tribunal, Jabalpur (M.P.). 11. Accordingly, the instant review petition is disposed of and the order passed in WPC No.5107 of 2025 is modified to the extent indicated above. Sd/- (Arvind Kumar Verma) Judge Vasant