RANCHI, India, March 4 -- Jharkhand High Court issued the following order on Jan. 3:
1. The present writ petition has been filed for the following relief:- (a) for stay of the operation and effect of the eauction sale notice dated 26.12.2025 (Annexure-3) and further to stay the issuance of Sale Confirmation and Sale certificate along-with the entire proceedings initiated under the SARFAESI Act by the respondent-bank till the final disposal of the application preferred by the petitioners under Section 17(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act which has been registered as S.A. no. 85 of 2025, presently pending before the Ld. Debt Recovery Tribunal, Ranchi as the Ld. Tribunal is vacant."
2. The main stress of the petitioners is the auction notice which has been issued by the respondent-Bank.
3. It has been informed by the learned counsel for the respondent-Bank that the e-auction process had been conducted on the scheduled date, but nobody has turned up and no new date has been announced. Auction has already failed.
4. Thus, there is no immediate requirement of any interim order. 5. The writ petitions are being maintained by this Court only on the consideration that the Debt Recovery Tribunal is not functional and that for the limited purpose to grant interim relief or immediate relief to the affected person, so that the subject matter survives.
6. Since, there is no immediate threat, I am not inclined to entertain the present writ petition. Accordingly, the same is, hereby, dismissed.
7. However, if there is immediate threat, the petitioners are at liberty to approach this Court, if the Debt Recovery Tribunal remains non-functional.
8. Pending interlocutory application, if any, stands disposed of.
Disclaimer: Curated by HT Syndication.
