Debts Recovery Tribunals and Appellate Tribunals
Rajesh Seth vs BANK OF BARODA on 28 October 2026
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**DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI**
(Holding Additional Charge of DRAT, Allahabad)
Diary No. 534/2025 (Misc. Appeal)
Arising out of SA No. 708/2025 (DRT-Lucknow)
Item No. 02
Aditya Birla Housing Finance Limited
V
Soumil Jain
28.10.2026 Hon'ble Dr. Justice Sudhir Kumar Jain Present: Sh. Sanjay Kumar Gupta, Advocate for appellant through VC
Sh. Shadab Alam, Advocate for respondent through VC
This matter is taken up through Hybrid hearing.
I.A. No. 1612/2026
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1. 1. The instant application is filed for compliance with the order dated 01.10.2026 passed by the High Court of Judicature at Allahabad for restoration of physical possession of the secured asset.
2. 2. The respondent filed S.A. bearing No. 708/2025, which was stated to be pending before the DRT-Lucknow. The DRT-Lucknow vide order dated 20.02.2026 has directed the appellant to hand over the physical possession of the secured asset to the borrower within three days. The appellant being aggrieved filed the Misc. Appeal bearing Diary No. 534/2026 before the DRAT Allahabad. The DRAT Allahabad vide order dated 27.02.2026 has directed all the concerned parties to maintain *status quo* qua the subject property as it was existing on 27.02.2026.
3. 3. The appellant filed application bearing I.A. No. 1612/2026 stating that the respondent during the night of 25.02.2026, at approximately 10:30 p.m., the respondent, along with certain unidentified persons, unlawfully entered into the secured asset. It is prayed in the application that the *status quo* order dated 27.02.2026 be clarified and the order dated 20.02.2026 is not a legal bar for proceeding to take the possession of the secured asset through the Advocate Commissioner appointed by AGCM-III, Lucknow.
4. Issue notice to the respondent. Sh. Shadab Alam, Advocate, accepted notice on behalf of respondent and seeks time to file reply. Let the reply be filed within three days with advance copy to Counsel for the appellant.
5. The date fixed for hearing 29.10.2026 stands cancelled. List on 03.11.2026. In the meantime, both parties are directed to maintain *status quo* regarding the possession and title of the subject property as it exists as on today.
----- (Dr. Justice Sudhir Kumar Jain) Chairperson Addl. Charge, DRAT, Allahabad
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