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2026 DAILYLAW 29909 (CHH)

SHRI MALAY RAHA v. TRUHOME FINANCE LIMITED

WPC/3981/2026 · 2026-07-29

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010285062026 2026:CGHC:32859 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3981 of 2026 1. Shri Malay Raha S/o Shri Santosh Raha Aged About 57 Years R/o House No. T.S./iii/t-45, Ward No. 15, Kirandul, Dakshin Bastar Dantewada, C.G. 494556. 2. Smt Savita Raha W/o Shri Malay Raha Aged About 55 Years R/o House No. T.S./iii/t-45, Ward No. 15, Kirandul, Dakshin Bastar Dantewada, C.G. 494556. 3. Shri Shubhojeet Raha S/o Shri Malay Raha Aged About 27 Years R/o House No. T.S./iii/t-45, Ward No. 15, Kirandul, Dakshin Bastar Dantewada, C.G. 494556 ... Petitioners versus 1. Truhome Finance Limited Earlier Shri Ram Housing Finance Limited, Registered At Companies Act 1956, Through Its Authorized Officer Sandeep Singh Nagaar, Head Office Level 3, East Wing, C-2, G Block, Wockhardt Towers, Bandra Kurla Complex Bandra East, Mumbai 400051, Branch Office, Shyam Square, Near Building, Pendri, Raipur Chhattisgarh, 2. Tehsildar, Raipur District Raipur Chhattisgarh, ... Respondents For Petitioners : Mr. Harsh Verma, Advocate. For Respondent No.1 : Mr. Priyanshu Gupta, Advocate. For Respondent No.2 : Dr. Arham Siddiqui, P.L. Hon’ble Shri Justice Amitendra Kishore Prasad Order On Board 30/07/2026 1. Heard. 2. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking following reliefs:- “10.1 That, the respondent No.2 be directed not to initiate the proceeding for dispossession and auction of the immovable DEEPTI JHA Digitally signed by DEEPTI JHA 2 property situated at house Bearing Khasra No.207/4, Mouja Mowa, Dubey Colony, Dr. Bhimrao Ambetkar Ward, Ward No.27 PH No.45 RIC Raipur-1, Tehsil & District Raipur, admeasuring 1200 sq, ft., till the disposal of the matter SA No.674/2026 pending before the DRT Jabalpur. 10.2 That, this Hon'ble Court kindly be quash/set aside the impugned order/Notice dated 17.05.2026 (Annexure-P/1) passed by the respondent No.2. 10.3 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioners together with cost of the petition.” 3. 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. 4. 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, 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. 5. 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) 3 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 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. 4 6. Since by the aforesaid notification the Additional Charge of D.R.T., Jabalpur has been assigned to D.R.T.-2 Ahemdabad accordingly the writ petition is disposed of with liberty to the petitioners to approach either before the D.R.T. Jabalpur/D.R.T.-2, Ahemdabad by filing appropriate proceedings including applications for listing and interim relief within a period of 10 days. D.R.T. Jabalpur/D.R.T.-2, Ahemdabad is directed to consider and directed the case of the petitioner. However, it is made clear that the petitioners shall approach the Tribunal without delay and shall not seek any adjournment. 7. The D.R.T. Jabalpur/D.R.T.-2, Ahemdabad shall consider the petitioners' applications for interim relief/stay and pass appropriate orders thereon in accordance with law, as expeditiously as possible. 8. It is made clear that till 10 days from today no coercive steps shall be taken against the petitioner by the respondents. 9. With the aforesaid observations, instant petition stands disposed of. It is made clear that all the parties 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. 10. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha