Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 28975 (CHH)

KRISHNA KUMAR AGRAWAL v. AUTHUM INVESTMENT AND INFRASTRUCTURE LIMITED

WPC/3656/2026 · 2026-07-23

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010220062026 2026:CGHC:31826 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2799 of 2026 1 - Ravi Dubey S/o Rambharosa Dubey Aged About 52 Years R/o Street No. 9, Dixit Colony, Kosanagar, Bhilainagar, District Durg (C.G.). 2 - Mrs. Babita Dubey W/o Ravi Dubey Aged About 47 Years R/o Street No. 9, Dixit Colony, Kosanagar, Bhilainagar, District Durg (C.G.) --- Petitioner(s) versus 1 - Authorized Officer (Pratul P. Bhelode) Pragati Mahila Nagarik Sahakari Bank Limited, Bhilai Durg (C.G.) Office At Shop No. 11 A, Market Sector 2, Bhilai, Tehsil And District Durg (C.G.) 2 - District Magistrate Durg (C.G.) Office Of District Magistrate (C.G.) 3 - Tahsildar Durg District Durg (C.G.) --- Respondent(s) WPC No. 3847 of 2026 1 - Amrendra Kumar Sinha S/o Late Binay Kumar Sinha Aged About 54 Years R/o M I G/55 Phase-2, Rajendra Prasad Nagar, Kosabadi, Niharika, Korba, Tahsil And District Korba Chhattisgarh Second Add. Flat No. C-504, Anandam Apartment, Mudhapar, Sharda Vihar, Korba, Tahsil And District Korba Chhattisgarh. Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 2 - Smt. Shweta Sinha W/o Amrendra Kumar Sinha Aged About 45 Years R/o M I G/55 Phase-2, Rajendra Prasad Nagar, Kosabadi, Niharika, Korba, Tahsil And District Korba Chhattisgarh Second Add. Flat No. C-504, Anandam Apartment, Mudhapar, Sharda Vihar, Korba, Tahsil And District Korba Chhattisgarh ---Petitioner(s) Versus 1 - Bandhan Bank Limited Registered Office D.N. 32 Sector V Kolkata Salt Lake City, Branch Office T P Nagar, Korba, District - Korba Chhattisgarh Through Its Authorized Officer Prabhat Singh S/o Bhushan Singh 2 - The Tahsildar Korba, District Korba Chhattisgarh --- Respondent(s) WPC No. 1921 of 2026 1 - Mohd. Nazim Khan S/o Shri Mohd. Nisar Khan Aged About 32 Years R/o E-19, Devendra Nagar, Sector 01, Distt. Raipur (C.G.) 492001. 2 - Smt. Shaheena Fatima W/o Shri Mohd. Nazim Khan Aged About 25 Years R/o E-19, Devendra Nagar, Sector 01, Distt. Raipur (C.G.) 492001 3 - Mohd. Nizam Khan S/o Shri Mohd. Nisar Khan Aged About 39 Years R/o E-19, Devendra Nagar, Sector 01, Distt. Raipur (C.G.) 492001 4 - Smt. Mehzabin Naz W/o Shri Mohd. Nizam Khan Aged About 38 Years R/o E-19, Devendra Nagar, Sector 01, Distt. Raipur (C.G.) 492001 ---Petitioner(s) Versus 3 1 - Suryoday Small Finance Bank Ltd. Through Its Authorised Officer, Branch Office 1101, Sharda Terris, Plot No. 65, Sector 11, C, B, D, Belapur, Navi Mumbai 400614 2 - Tehsildar Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 1947 of 2026 1 - I C I C I Home Finance Company Ltd. Through Its Authorized Officer, Pawan Bansal, Aged About 35 Years Having Branch Office At 1st Floor, 166, Shekhar, Central , Manoramaganj, Indore (M. P.) -452001 ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, New Mantralaya Nava Raipur (C.G.) 2 - Tehsildar, Lormi District- Mungeli (C.G.) 3 - Rakesh Vaishnav S/o Shri Shatruhandas Vaishnav Aged About 31 Years R/o Hari Vihar Colony, Lormi Mungeli (C.G.) -495334 4 - Smt. Saroj Vaishnav W/o Shatruhandas Vaishnav Aged About 60 Years R/o Hari Vihar Colony, Lormi Mungeli (C.G.) -495334 --- Respondent(s) WPC No. 447 of 2026 1 - IDFC First Bank Limited, (Formerly Known As Capital First Limited) Through Deepanshu Soni S/o Late Shri Subhash Soni, Aged About 34 Years Legal Manager, Having Branch Office At 1st Floor Satpal Chambers, Civil Line, Raipur, District- Raipur 492001 (Chhattisgarh) ---Petitioner(s) 4 Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur (Chhattisgarh) 2 - The District Magistrate District- Raipur, Pin- 492001 (Chhattisgarh) 3 - The Nayab Tehsildar (Ms. Jyoti Singh) Tehsil- Raipur, District- Raipur, Pin- 492001 (Chhattisgarh) 4 - Maal Jamadaar Tehsil- Raipur, District- Raipur, Pin- 492001 (Chhattisgarh) 5 - Rakesh Kumar Daswani S/o Udhav Das Daswani, R/o House No. 13, Aishwarya Residency, Telibandha, Raipur, District- Raipur, Pin- 492001 (Chhattisgarh) 6 - Preeti Daswani W/o Rakesh Kumar Daswani, R/o House No. 13, Aishwarya Residency, Telibandha, Raipur, District- Raipur, Pin- 492001 (Chhattisgarh) --- Respondent(s) WPC No. 525 of 2022 1 - Vishwajeet Sengupta S/o Shri Kanchan Sengupta Aged About 40 Years R/o- H, No. 54, Sector-1, Durga Chowk, Geetanjali Nagar, Shankar Nagar, Raipur-492001, District : Raipur, Chhattisgarh 2 - Smt. Riya Sen Gupta W/o Vishwajeet Sengupta Aged About 34 Years R/o- H, No. 54, Sector-1, Durga Chowk, Geetanjali Nagar, Shankar Nagar, Raipur-492001, District : Raipur, Chhattisgarh 3 - Kanchan Sengupta S/o Late Dr. Manoranjan Sengupta Aged About 32 Years R/o- H, No. 54, Sector-1, Durga Chowk, Geetanjali Nagar, Shankar Nagar, Raipur-492001, District : Raipur, Chhattisgarh 5 ---Petitioner(s) Versus 1 - M/s H D F C Ltd. Through Its Authorised Officers, Alaska Towers, Opp. Arogya Hospital Lodhipara Raod, Shankar Nagar, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh --- Respondent(s) WPC No. 480 of 2022 1 - Vishwajeet Sengupta S/o Shri Kanchan Sengupta, Aged About 40 Years R/o -H, No. 54, Sector-1, Durga Chowk, Geetanjali Nagar, Shankar Nagar, Raipur 492001, District : Raipur, Chhattisgarh 2 - Smt. Riya Sen Gupta, W/o. Vishwajeet Sengupta, Aged About 34 Years R/o -H, No. 54, Sector-1, Durga Chowk, Geetanjali Nagar, Shankar Nagar, Raipur 492001, District : Raipur, Chhattisgarh 3 - Kanchan Sengupta S/o Late Dr. Manoranjan Sengupta Aged About 77 Years R/o -H, No. 54, Sector-1, Durga Chowk, Geetanjali Nagar, Shankar Nagar, Raipur 492001, District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - M/s Hdfc Ltd Through Its Authorised Officers, Alaska Towers, Opp. Arogya Hospital Lodhipara Road, Shankar Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh --- Respondent(s) WPC No. 2080 of 2026 1 - Abdul Razik Ali S/o Asfak Ali Aged About 30 Years R/o Village H. No. Bk- 14/66 IHSDP colony, ward no. 12 Jawahar Nagar, Supela, Bhilai, Durg (C.G.) 6 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Collector Durg, District- Durg, Chhattisgarh. 2 - Canara Bank Through Authorised Officer, Bhilai Branch, G E Road, Mayura Pictures Complex, G.E. Road, Durg Chhattisgarh. 3 - Tahsildar Office Of The Tahsildar, Tahsil Campus, Bhilai-3, District- Durg, Chhattisgarh. 4 - Debt Recovery Tribunal Through Its Registrar, Drt Jabalpur, Shanti Kunj, South Civil Line, Jabalpur 482001 (M.P.) --- Respondent(s) WPC No. 2077 of 2026 1 - M/s Shree Gurukripa Merchant Through Proprietor Sandeep Gowani, Aged About 41 Years, S/o Rajkumar Gowani, At Dr. Matreja Street, Tekchand Bhavan, Phool Chowk, Nayapara, Raipur Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Additional Tehsildar, District Raipur Chhattisgarh 2 - Maal Jamadaar Tehsil Office Raipur, District Raipur Chhattisgarh 3 - Jana Small Finance Bank Through Authorized Person, At Fairway Ground, First Floor, Survey No. 10/1, 11/2 And 12/2 B, Off Domlur Koramangala, Inner Ring Road, Next To E G L Business Park, Challaghatta, Bangalore 560071 Branch Office At Krishna Complex, Opp. Auribindo Netralaya, Main Road, Sadar Bazaar, Raipur 492001 7 4 - Mrs. Asha Mundra W/o Radheshyam Mundra R/o House No. 507, Suryoday Apartment, Opp. Patidar Bhawan, Khamtarai, Raipur Chhattisgarh --- Respondent(s) WPC No. 2484 of 2026 1 - Shri Sanjay Kumar Singh S/o Shri Gupteshwar Singh Aged About 45 Years R/o- Village- Kaura, Geyanpura, Bhojpura, Kaura, Geyanpura, Bhojpura, Bhojpur, Bihar 802162 (Correct Address As Per P-16) 2 - Smt. Seema Singh W/o Shri Sanjay Kumar Singh Aged About 42 Years R/o Village- Kaura, Geyanpura, Bhojpura, Kaura, Geyanpura, Bhojpura, Bhojpur, Bihar 802162 (Correct Address As Per P-16) ---Petitioner(s) Versus 1 - IIFL home finance limited through its authorised signatory first floor, lalganga city mart, banjari chowk, opposite hotel amrit residency, Raipur (c.g.) 492001 2 - Chief Judicial Magistrate Raipur, Tehsil And District Raipur (C.G.) 3 - Tehsildar Dharsiwa Tehsil Dharsiwa District Raipur (C.G.) --- Respondent(s) WPC No. 2305 of 2026 1 - Shanti Devi Gidiya W/o Suraj Mal Gidiya Aged About 72 Years R/o H.No. 85/1, Ward No. 32, Sadar Bajar, Rajnandgaon, District Rajnandgaon, Chhattisgarh 491441 8 2 - Ashish Kumar Gidiya S/o Suraj Mal Gidiya Aged About 46 Years R/o H.No. 85/1, Ward No. 32, Sadar Bajar, Rajnandgaon, District Rajnandgaon, Chhattisgarh 491441 ---Petitioner(s) Versus 1 - Authorized Officer Bank Of India, Dhamtari Branch, Sihawa Chowk, Main Road, Dhamtari, District Dhamtari, Chhattisgarh 493773 2 - Chief Manager Bank Of India, Sihawa Chowk, Main Road, Dhamtari Branch, Dhamtari (C.G.) 493778 3 - M/s Shri Padma Rice Mills Through Its Proprietor, Mr. Uttamchand Jain, Village Badbhum, Po- Khujji, Tehsil Dongargaon, District Rajnandgaon, Chhattisgarh 491661 4 - Uttamchand Jain S/o Shri Jethmal Jain Aged About 68 Years R/o School Chowk, Brahman Para, Dhamtari, District Dhamtari, Chhattisgarh 493773 5 - Nikesh Jain S/o Shri Uttamchand Jain Aged About 40 Years R/o School Chowk, Brahman Para, Dhamtari, District Dhamtari, Chhattisgarh 493773 6 - Sandip Jain S/o Shri Uttamchand Jain Aged About 35 Years R/o School Chowk, Brahman Para, Dhamtari, District Dhamtari, Chhattisgarh 493773 7 - Atishay Bhansali (Jain) S/o Shri Prakash Bhansali Aged About 33 Years R/o Atishay Jewellers, Durga Chowk, College Road, Rajnandgaon (C.G.) 491441 8 - Collector Rajnandgaon, District Rajnandgaon (C.G.) --- Respondent(s) 9 WPC No. 2227 of 2026 1 - Peri Chandra Shekhar S/o. Shri Peri Venkat Rao Aged About 56 Years R/o. Lig 168, Tilak Nagar, Janta Basti, East Of Ekta Nagar Sarkari, Near Community Hall, Gudhiyari, Raipur, District- Raipur (C.G.) ---Petitioner(s) Versus 1 - Edelweiss Arc Ltd Through Its Authorised Officer, Edelweiss House, Off Cst Road, C.S.T. Road, Kalina Mumbai (Maharashtra) 2 - Naib Tehsildar Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 2223 of 2026 1 - Prakash Bhatnagar S/o Shri Shriram Bhatnagar Aged About 46 Years R/o E W S 294/240 C.G. Housing Board Colony Dancha Bhavan, Pragati Nagar, Kurood Jaamul, Bhilai District- Durg (C.G.) 2 - Smt. Ratna Bhatnagar (Correct Name Smt. Rachna Bhatnagar W/o Prakash Bhatnagar Aged About 36 Years R/o E W S 294/240 C.G. Housing Board Colony Dancha Bhavan, Pragati Nagar, Kurood Jaamul, Bhilai District- Durg (C.G.) ---Petitioner(s) Versus 1 - LIC housing finance limited through its authorised officer, Smt. Hema Jayshankar Corporate Office Usha Pride Mocha, Raipur District- Raipur (C.G.) 2 - District Magistrate, Durg Dsitrict- Durg (C.G.) 10 3 - Union Of India , Through Secretary, Department Of Finance, Sansad Bhawan Marg New Delhi --- Respondent(s) WPC No. 3103 of 2026 1 - Narendra Girepunje S/o Late Laxman Rao Girepunje Aged About 55 Years Plot No. 544, 545, Ward No. 66, Patwari Halka No. 106 A, R N M, Raipur Distt- Raipur (C.G.) 2 - Sunita Girepunje W/o Narendra Girepunje Aged About 50 Years Plot No. 544, 545, Ward No. 66, Patwari Halka No. 106 A, R N M, Raipur Distt- Raipur (C.G.) 3 - Mss. Life Style Through Proprietor Narendra Girepunje S/o Late Laxman Rao Girepunje Raipur Distt- Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management And Rehabilitation Department S- 3-31 Mahanadi Bhavan, Nawa Raipur, Atal Nagar (C.G.) 2 - The Collector Raipur Distt- Raipur (C.G.) 3 - Tahsildar Raipur Distt- Raipur (C.G.) 4 - Superintendent Of Police Raipur Distt- Raipur (C.G.) 5 - Sri Ram City Union Finance Limited, Presently Known As Shriram Finance Limited Through Manager 804, S K Y Business Park Opp- Shalimar, Township A. B. Road Indore (M.P.) (Non Banking Financial Company (N B F C), A Public Limited Company ) Incorporated And Registered Under The Companies Act, 2013) 11 6 - Sriram City Union Finance Limited Presently Known As Shriram Finance Limited, Through Authorized Officer, Simran Tower Pandri Raipur. Distt- Raipur (C.G.) --- Respondent(s) WPC No. 2022 of 2026 1 - Piyush Prakash Gupta S/o Shri S.K. Gupta Aged About 51 Years R/o 114/45 Krishna Nagar, Tikrapara, District Raipur (C.G.) ---Petitioner(s) Versus 1 - Orix Leasing And Financial Services India Limited Through Its Authorized Officer Kurla Road Andheri East Mumbai 2 - District Magistrate Raipur (C.G.) --- Respondent(s) WPC No. 3656 of 2026 1 - Krishna Kumar Agrawal S/o Late Shri Pawan Kumar Agrawal Aged About 50 Years Resident Of Rai Sahab Banwarilal Agrawal Compound (R S B Compound), New Sarkanda, Bilaspur Chhattisgarh -495001 2 - Smt. Radha Agrawal W/o Shri Krishan Kumar Agrawal, Aged About 49 Years Resident Of Rai Sahab Banwarilal Agrawal Compound (R S B Compound), New Sarkanda, Bilaspur Chhattisgarh -495001 3 - Late Smt Beladevi Agrawal Memorial Charitable Society Through Its Secretary, Shri Krishan Kumar Agrawal Resident Of Rai Sahab Banwarilal Agrawal Compound (R S B Compound), New Sarkanda, Bilaspur Chhattisgarh -495001 12 ---Petitioner(s) Versus 1 - Authum Investment And Infrastructure Limited Through Its Authorized Officer, Registered Office 707, Raheja Center, Free Press Journal Road, Nariman Point, Munbai -400021 --- Respondent(s) (Cause title is downloaded from CIS Periphery.) For Respective Petitioners : Mr. Harsh Verma, Mr. Rishabh Gupta, Advocate on behalf of Ms. Akanksha Jain, Advocate, Mr. Akash Kumar Kundu, Mr. Prakant Sethi, Mr. Ritesh Sharma, Ms. Rakhi Chaturvedi, counsel on behalf of Mr. Ankit Pandey, Mr. Ritesh Sharma, Mr. Krishna Kumar Dewangan, Advocates. For Respective Respondents : Mr. Ritesh Sharma, Mr. Kamlesh Patel, Mr. Raja Sharma along with Ms. Aditi Parakh, Mr. Anmol Sharma, Mr. Puranjay Bhatt, Mr. Aniket Pandey, Mr. Swayam Tehanguriya, Advocates. Mr. Shobhit Mishra, Dy. G.A. and Ms. Annapurna Tiwari, C.G.C. for UOI. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24.07.2026 1. Heard respective parties appearing in the aforesaid writ petitions. 2. All these matters pertain to proceedings arising out of proceedings of the concerned D.R.T under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for brevity “SARFAESI” Act, 2002) and share a common background and involve the same issues, therefore, they were clubbed, heard together and are disposed of by this 13 common order. 3. For the sake of convenience, Writ Petition (C) No. 2799 of 2026 is treated as the lead case for the purpose of disposing all the writ petitions. The petitioner in the said writ petition is seeking for the following reliefs :- “ 10.1.Hon’ble Court may kindly be pleased to call for the entire record pertaining to the instant case. 10.2 That, the Hon’ble Court may kindly be pleased to allow the petition and set aside the impugned notice dated 21.05.2026 (Annexure P/5), in the interest of justice.” 4. Learned counsel for the respective petitioners submit that since the D.R.T., Jabalpur (M.P.) is presently not functioning, they are unable to avail the statutory remedy available to them under the SARFAESI Act, 2002. It is, therefore, contended that the possession orders passed against the petitioners deserve to be stayed, as they cannot be left remediless on account of the non- functioning of the D.R.T. Jabalpur. 5. Learned counsel for the respondent/Bank submits that, in view of the Gazette Notification dated 02.06.2026 published by the Govt. of India, Ministry of Finance the matters falling within the jurisdiction of D.R.T., Jabalpur (M.P.) are to be taken up by D.R.T.-2, Ahmedabad for a period of six months or till the appointment of a regular Presiding Officer, or until further orders, whichever is earlier. It is further submitted that a Presiding Officer has already been designated to preside over D.R.T.-2, 14 Ahmedabad. Therefore, the petitioners have an efficacious alternative remedy and as such they may be directed to approach D.R.T.-2, Ahmedabad for redressal of their grievances. 6. Having heard learned counsel for the parties and considering the aforesaid submission this Court perused the gazette notification dated 02.06.2026 which reads as under:- “TO BE PUBLISHED IN PART I, SECTION 2 OF THE GAZETTE OF INDIA) F.No. 07/10/2025-DRT Government of India Ministry of Finance Department of Financial Service New Delhi, dated the 03rd June, 2026 NOTIFICATION In pursuance to DoP&T approval vide O.M No. 18/26/2021-EO(SM-II) dated 02.06.2026, the Central Government hereby entrusts the additional charge for the post of Presiding Officer for the following Debts Recovery Tribunals as below:- S. No. Name of Tribunal Additional charge assigned w.e.f Additional charge assigned till Additional charge to be assigned to Presiding Officer of the Tribunal 1 DRT, Ranchi With immediate effect 08.09.2026 or till appointment of a regular incumbent or until further orders, whichever is the earliest. Shri Anil Kumar Gupta, Presiding Officer, DRT-1, Ahmedabad 2 DRT, Jabalpur With immediate effect For a period of six months or till appointment of a regular incumbent or until further orders whichever is the earliest Shri Pankaj Kumar Upadhyay, Presiding Officer, DRT-2, Ahmedabad Sd/- (S.D Sharma) Under Secretary to the Government of India To The Manager Government of India Press, Minto Road, New Delhi-110001 15 Copy to: 1. Presiding Officer, DRT-1, Ahmedabad 2.Presiding Officer, DRT-2. Ahmedabad 3. Registrars of Debts Recovery Tribunal, Ranchi and Debts Recovery Tribunal, Jabalpur with a request to place the notification on their notice board and a copy may also be sent to the Bar Association 4. Registrars of all DRTs and DRATs 5. The Pay & Accounts Officer, Ministry of Finance, Department of Economic Affairs, National Savings Organisation Building, Civil Lines, Nagpur. 6. The Pay & Accounts Officer (Banking), New Delhi. 7. Personal files. 8. Guard file. Sd/- (S.D Sharma) Under Secretary to the Government of India” 7. Since by the aforesaid notification the Additional Charge of D.R.T., Jabalpur has been assigned to D.R.T.-2 Ahmedabad accordingly these writ petitions are disposed of with liberty to the petitioners to approach D.R.T.-2, Ahmedabad by filing appropriate proceedings, including applications for listing and interim relief. Since interim protection has already been granted by this Court in favour of the petitioners, the same shall continue till the stay applications are considered by D.R.T.-2, Ahmedabad. It is, however, made clear that the petitioners shall approach the Tribunal without delay and shall not seek any adjournment on the ground that they are protected by the interim orders passed by this Court. 8. The D.R.T.-2, Ahmedabad shall consider the petitioners' applications for interim relief/stay and pass appropriate orders thereon in accordance with law, as expeditiously as possible. 9. With the aforesaid observations and directions, all the writ petitions stand disposed of. It is made clear that all the parties 16 shall be at liberty to avail such remedies and file such applications before the competent D.R.T. as may be available to them in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju