Bandhan Bank Ltd vs Jigneshbhai Bhikhabhai Patel on 17 February 2026

**ORDER**

The Applicant Bank has filed the present Miscellaneous Application seeking direction against the Respondents to remove goods from the property in question in compliance of the direction given by this Tribunal in para 35 of the judgement dated 25.09.2025 passed in SA/18/2021.

I have heard Ld. Counsel for the Applicant Bank and perused the record.

Ld. Counsel for the Applicant submitted that the Applicant Bank has written letter dated 29.10.2025 to the Respondents for removal of goods/articles lying in the property in question. In spite of the said letter, the Respondents are not removing their articles from the property in question and the Applicant Bank is facing difficulty in handing over vacant possession of the property to the auction purchaser.

It is made clear that the Authorised Officer of the Bank is required to take necessary steps for preservation and protection of these belongings in same manner as is required for preservation of secured movable property in his custody after taking possession. Therefore, this Tribunal, having become functus officio after passing final judgement in SA/18/2021, cannot issue any further directions to the Respondents, in view of aforesaid provisions contained in Rule 4 of Security Interest Rules. The Authorised Officer of the Applicant Bank is expected to take appropriate steps with regard to the property in question in accordance with law.

In view of the aforesaid discussion, the present Miscellaneous Application is disposed of with no order as to cost.

File be consigned to record.

(PANKAJ KUMAR UPADHYAY) PRESIDING OFFICER DRT-II, AHMEDABAD

17.02.2026

Slj.