State Bank Of India vs Alok Tiwari

The instant application is filed for condonation of 21 days delay in filing the present appeal due to the reasons stated in the application. After considering all facts, the delay of 21 days in filing the present appeal is condoned. The application is accordingly allowed.

The respondent no.1 filed S.A. bearing no.565/2024 titled as Alok Tiwari V. State Bank of India which was stated to be pending before DRT, Jaipur. DRT, Jaipur in order dated 17.03.2026 while disposing of the I.A.s. bearing no.297/2026 and 298/2026 for seeking early hearing and quashing of auction notice dated 27.02.2026 has ordered that the auction notice dated 27.02.2026 has become infructuous as no bid was received in response to the said auction notice. DRT further directed the appellant not to sell the property under the SARFAESI Act.

Ms. Jaya Tomar, Advocate for the appellant argued that the DRT cannot prohibit the appellant from selling the subject property under the SARFAESI Act which is independent remedy available to the banks / financial institutions for recovery of their dues, in addition to the RDB Act. It is further argued that there is no conflict between the above two statutory enactments.

In the opinion of this Tribunal, appellant cannot be prohibited from proceeding under provisions as contained in the SARFAESI Act and is at liberty to sell the subject property legally under the SARFAESI Act. Accordingly, the impugned order dated 17.03.2026 is set aside to the extent it orders that the appellant shall not sell the property under the SARFAESI Act.

Appeal stands disposed of.