#Physical Possession

Bombay High Court rules that police must act immediately on secured creditors' possession orders under SARFAESI Act, directing FIR registration for trespass and setting a strict compliance timeline. The judgment reinforces that police assistance is a statutory obligation, not a discretionary power, ensuring swift enforcement of secured assets.

The Bombay High Court has ruled that state authorities cannot refuse to assist secured creditors in reclaiming possession of secured assets from trespassers, even if borrowers have filed objections before the DRT. This clarifies that the enforcement mechanism under Section 14 is not stayed by pending proceedings, reinforcing the creditor’s statutory right to immediate possession.

Bombay High Court mandates state authorities to assist secured creditors under SARFAESI Act by enforcing physical possession of assets within a strict deadline. The ruling underscores the state's obligation to uphold rule of law, directing Tahsildar and police to act by 21.04.2026 or face contempt, setting a precedent for expedited enforcement of security interests.

The Punjab & Haryana High Court ruled that the limitation period for filing a pre-emption suit under Section 30 of the Punjab Pre-emption Act, 1913, commences from the date of physical possession, not the registration of the sale deed. This holding dismisses delayed suits as time-barred, impacting co-sharers' rights in property disputes.

Bombay High Court rules that banks cannot take physical possession of secured assets while an interim relief application is pending before the Debt Recovery Tribunal. The decision reinforces procedural fairness under the SARFAESI Act, ensuring borrowers have adequate opportunity to challenge possession notices before enforcement.

Madhya Pradesh High Court holds that banks need not approach Magistrate under Section 14 SARFAESI Act to take possession if notice is duly served and no resistance is encountered.