Neha Rajgarhia vs The Debt Recovery Tribunal
2026 Latest Caselaw 664 Jhar

Jharkhand High Court

Neha Rajgarhia vs The Debt Recovery Tribunal on 3 February, 2026

Author: Rajesh Kumar

Bench: Rajesh Kumar

                                                            2026:JHHC:2746

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                W.P.(C) No.567 of 2026

    1.    Neha Rajgarhia, aged about 45 years, wife of
          Ashish Rajgarhia, resident of Flat no. 3 C, Arihant
          Residency, Block B, Chesire Home road, Bariatu,
          P.O. & P.S. Bariatu, District- Ranchi (Jharkhand).
    2.    Ashish Kumar Rajgarhia, aged about 48 years, son
          of Arun Kumar Rajgarhia, resident of Flat no. 3 C,
          Arihant Residency, Block B, Chesire Home road,
          Bariatu, P.O. & P.S. Bariatu, District- Ranchi
          (Jharkhand).                      ......      Petitioners
                               Versus
    1.    The Debt Recovery Tribunal, Ranchi, through its `
          Registrar, officer at Pragati Bhawan, Kutchery, P.O.
          GPO, P.S. Kotwali, District- Ranchi (Jharkhand).
    2.    The Authorized officer, Union Bank of India,
          Mahavir Chowk Branch, Lalji Hirji Enclave, Opp.
          Makay road, Upper Bazar, P.O. GPO, P.S. Kotwali,
          district- Ranchi (Jharkhand).    ...... Respondents
                               ---------

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioners : Mr. Siddharth Jain, Advocate For the Resp.-UBI : Mr. P.A.S. Pati, Advocate

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               rd
03/Dated: 03        February, 2026

1. The present writ petition has been filed for the following relief:-

(a) for stay of the operation and effect of the e-

auction 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."

2026:JHHC:2746

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.

(Rajesh Kumar, J.) 03rd February, 2026 Ravi-Chandan/-

Uploaded on 04.02.2026