2026:JHHC:5374 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6930 of 2025 ---- 1. Smt. Reetu Sinha, aged about 48 years, wife of Sri Vakil Abhay Sahay 2. Vakil Abhay Sahay, aged about 51 years, Son of Late Vakil Mritunjay Nath Singh, Both resident of 301-A, Gurudham Apartment, Lake Road, (West) Near Kishorganj Chowk, P.O G.P.O P.S Kotwali, Ranchi, Jharkhand. PIN 834001 …. …. Petitioners -Versus- 1. Canara Bank through Authorized Officer, Canara Bank Regional Office, Ranchi, At Ward No.28, Plot No.339B, Road No.04, Ashok Nagar, P.O. Ashok Nagar, P.S. Argora,Ranchi (Jharkhand) PIN834002 2. The Branch Manager, Canara Bank, Ormanjhi Branch Ormanjhi, P.O + P.S. Ormanjhi, Ranchi (Jharkhand) PIN 835219 3. Authorized Officer, Canara Bank, Specialized Asset Recovery Management Branch, Circle Office, Kaushalya Chambers, P.P Compound, Main Road, P.O G.P.O, P.S Chutia, Ranchi, 834001 …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioners : Mr. Sahay Gaurav Piyush, Advocate For the Respondents : Mr. P.A. S Pati, Adv. ---- 04/Dated: 24th February, 2026 1. Heard the parties. 2. The present writ petition has been filed for the following reliefs:- “(a) For issuance of appropriate writ(s)/order(s)/direction(s) quashing the Demand Notice dated 17.01.2024, sent by respondent No.1 contained in Letter No.CB/5708/Reetu Sinha/DN/2023-24 (Annexure-2) whereby and whereunder the loan account of the petitioners have been treated as NPA retrospectively with effect from 27.10.2021 and notice purportedly under Section 13(2) of SARFAESI Act 2002 has been issued. (b). For issuance of appropriate writ(s)/ order(s)/direction(s) quashing the sale notice contained in letter No.7908/ARM/RANCHI/E-AUCTION/186/REETU SINHA dated 30.08.2025 (Annexure-6) whereby and whereunder the Respondents have arbitrarily fixed a very low value of the property, contrary to its market value, and have proposed to hold e-auction on 26.09.2025. (C). For issuance of appropriate writ(s)/ order(s)/direction(s) restraining the respondents authorities from taking any action 2026:JHHC:5374 Page No.2 W.P.(C) No.6930 of 2025 in furtherance of the notice dated 17.01.2024 (Annexure-2) including any coercive action under Section-13(4) of SARFAESI Act 2002 and to invalidate every action taken by the Respondents subsequent to the aforesaid Demand Notice dated 17.01.2024, till date.” 3. It has been submitted by the learned counsel for the petitioner that although the appeal has been filed as the Debt Recovery Tribunal is not functional. As such, the High Court should behave like an appellate authority and decide the appeal. 4. Further, it has been submitted that the jurisdiction comes only after declaration of the Non-Performing Asset. The said Account has never been declared as N.P.A and as such, there is no jurisdiction to invoke the Section 13(2) of the SARFAESI ACT, 2002. But the fact remains that the appeal has been filed which has been numbered as S.A No.40 of 2024. 5. This Court is entertaining the present writ petition in the pending appeal just for the reasons that the Debt Recovery Tribunal is not functional. The appeal is being entertained for a limited purpose i.e., for grant of interim protection so that if the fact warrants such relief. 6. In the present case, it appears that the auction has failed as nobody has participated in the auction process. Thus, there is no immediate need to grant any interim protection. Accordingly, the present writ petition is hereby, disposed of. 7. Pending interlocutory application, if any, also stands disposed of. (Rajesh Kumar, J.) 24th February, 2026 Raja/- Uploaded on 26.02.2026