Ms Parwati Vehicles Pvt Ltd and others vs BANK OF BARODA on 30 October 2025

DEBTS RECOVERY TRIBUNAL, PATNA Date of order or proceeding 30.10.2025 MA 244 of 2024 Order with the Signature of the Court Office action taken with date Ld. counsels for the parties are present. It has been submitted on behalf of the applicant that the present MA has been filed by the applicant after the factum of taking physical possession by the respondent under the SARFAESI measures. Ld. counsel for the applicant submits that the measure of the physical possession is in violation of the order passed by this Tribunal in SA 290 of 2022 vide judgment dated 23.12.2022. From perusal of the aforesaid judgment as annexed with the application, it appears that the SARFAESI measures with regards to the auction sale was set-aside and there is no observation with regards to the fact of taking physical or symbolic possession, if any. In such circumstances, the respondent bank is not under obligation to set the action freeze after passing of the aforesaid order andjudgment. If the applicant is aggrieved by the subsequent measures initiated by the respondent bank u/s 13(4) of the SARFAESI Act, the applicant may file fresh application u/s 17 of the SARFAESI Act, if any. Accordingly, the present MA is not maintainable. Itis dismissed. Order be uploaded on the Tribunal's website.Vr Patna (Kaushalendra Yadav) Presiding Officer