BANK OF BARODA v. THE DISTRICT MAGISTRATE AND COLLECTOR
WPC/1171/2026 · 2026-03-17
Shri Naresh Kumar Chandravanshi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2274 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2274 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:12919
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1171 of 2026 Bank Of Baroda Through- Its Authorized Officer/chief Manager, Mr. Prahlad Kumar Jha, S/o Mr. Deochandra Jha Aged About 46 Years, Address Bank Of Baroda, Regional Office- Rajkishore Nagar Bilaspur, Tahseel And District- Bilaspur (Chhattisgarh) Pin Code-495001
... Petitioner versus 1 - The District Magistrate And Collector District- Bilaspur (Chhattisgarh) Pin Code- 495001 2 - Waquar Ahmed S/o Mr. Nisar Ahmed Aged About 30 Years Proprietor- N.A. Logistic And Construction, Address- Ahmed Villa, Near Msjid Ganesh Nagar Chuchuhiyapara Bilaspur, Thseel And District- Bilaspur (Chhattisgarh) Pin Code- 495001(Borrower)
... Respondents For Petitioner : Mr. Punit Ruparel, Advocate For Respondent No.1/State : Dr. Arham Siddiqui, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board 18.03.2026
1. Heard.
2.
Learned counsel appearing for the petitioner submits that the procedure contemplated under Section 14 of the Securitization and BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.03.19 17:49:32 +0530
2 Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (henceforth, the SARFAESI Act”) was commenced against borrower as his account was declared as Non-Performing Asset (NPA). He further submits that proviso to Section 14 of the SARFAESI Act provides that the decision on like nature of the application has to be made within a period of 30 days and, if not so, within a further period of 60 days. In the instant case, the petitioner has filed application under Section 14 of the SARFAESI Act on 02.12.2025 before respondent No.1, to which Revenue Case No.202512072100002/B-121/2025-26 has been registered by the District Magistrate. But aforesaid case has not been decided yet by respondent No. 1/District Magistrate, Bilaspur. Hence, it is prayed that respondent No.1 may be directed to decide aforesaid case within the stipulated period.
3. The SARFAESI Act provides that when Section 14 proceeding is moved, the concerned Officer shall, after satisfying the contents of the affidavit, pass suitable orders for the purpose of taking possession of the secured assets within a period of thirty days from the date of application and, if he fails to do so, then after recording reasons in writing for the same, pass the order within such further period but not exceeding in aggregate sixty days.
4. Prima facie, the documents filed by the petitioner in the instant case show that about 03 months have already elapsed, despite that proceeding under Section 14 of the SARFAESI Act has not been concluded by respondent No. 1- District Magistrate, Bilaspur, which cannot be appreciated, as the same is not in accordance with law, therefore, respondent No. 1- District Magistrate, Bilaspur, Distt. Bilaspur is directed to conclude the proceeding under Section 14 of the SARFAESI Act bearing Revenue Case No.202512072100002/B-121/2025-26, within a further period of 30 days from
3 the date of receipt of a copy of this order.
5. With the aforesaid observations & directions, the writ petition stands
disposed of.
6. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini