WPC/4715/2026 of YES BANK LTD. Vs VISHWANATH BAGHEL on 16 September 2026

1. By way of the present petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to assist the petitioner in taking repossession of the secured assets (situated at Mauza Mowa, Khasra No. 566/8, P.H. No. 109, Khata No. 320 (Part-4), Dr. Bhimrao Ambedkar Nagar, Ward No. 27, Tehsil and District Raipur (C.G.), together with the building constructed thereon) in light of the order dated 08.08.2025 in a time-bound manner. 10.2 Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the facts and circumstances of the present case, in the interest of justice.”

2. Learned counsel for the petitioner submits that there has been an inordinate and unexplained delay on the part of respondent Nos. 2 to 4 in assisting the petitioner in securing physical possession/re- possession of the secured assets, despite the order passed under Section 14 of the SARFAESI Act authorizing the concerned Tehsildar to take possession. It is further submitted that the respondent authorities are statutorily obliged to extend necessary assistance in securing and, if required, restoring possession of the secured assets to the petitioner, and their inaction is frustrating the very object of the SARFAESI Act and adversely affecting the petitioner’s right to recover the secured debt. Learned counsel further submits that the petitioner has approached the respondent authorities for compliance with the order passed under Section 14 of the SARFAESI Act, but no effective action has been taken till date. It is contended that the mere fact that possession had earlier been taken pursuant to the said order would not, by itself, preclude the authorities from assisting the secured creditor in securing possession again, if the secured asset has subsequently been re-possessed by the debtor. On these grounds, learned counsel for the petitioner prays that the respondent authorities be directed to take necessary steps for securing and handing over physical possession of the secured assets to the petitioner in accordance with law.

3. Learned counsel appearing for the State submits that there is no objection to the limited prayer made by learned counsel for the petitioner.

4. Having heard learned counsel for the parties and upon perusal of the record as well as considering the limited prayer made on behalf of the petitioner, this Court deems it appropriate to dispose of the present petition with a direction to the respondent authorities to take necessary steps, in accordance with law, for assisting the petitioner in securing physical possession/re-possession of the secured assets in terms of the order dated 08.08.2025 passed under Section 14 of the SARFAESI Act.

5. The aforesaid exercise shall be undertaken expeditiously, preferably within a period of 45 days from the date of receipt of a copy of this order, subject to the petitioner fulfilling all requisite formalities and complying with the applicable provisions of law.

6. It is made clear that this Court has not expressed any opinion on the merits of the petitioner’s claim. The respondent authorities shall take necessary action strictly in accordance with law.

6. With the aforesaid observation and direction, the petition stands disposed of. Sd/-

(Amitendra Kishore Prasad) Judge Ruchi