[IGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (Q No. 5473 PETITIONER RESPONDENTS wn Akhilesh Tripathi S./o late H.P. Tripathi, aged about 34 years, R/o Ganga Nagar Ward Jagdalpur Chhattisgarh. VERSUS 1. State Bank of India tfarough the Authorised Officer State Bank of India SARC Divisional Qffice Raipur Chhattisgarh. 2. Branch Manager State Bank of India Phaphadih Branch Raipur Chhattisgarh. (•WKTT PETmON UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA) (SB:_Hoa^ble Mr. Satish K. Asnihotri. £1 : Shri A.V. Shridhar, Advocate forthe petitioner. Shri Sanjay K. Agrawal, Advocate for the respondent No. 1 & 2. Shn Abhishek Sinha, Advocate for the Union oflndia. ORA.LORDER (Pisssed OH 18 day ofNovember, 2008) With fhe consent ofthe parties the matter is taken up for hearing finally. The petitioner has preferred this writ petition on 22.09.2008 against the notice dated 2.9.2008 (Annexure P/l), issued by the respondent Bank, under Section 13 (4) of ttie Securitization and Reconstruction of Financial Assets and Entbrcement of Security Interest Act, 2002 (for short "the Act 2002'), fbr recovery ofdues. Leamed counsel appearing for the petitioner submits that the instant petition was filed on the ground thatno Presiding Oflicer in Debts Recovery Tribunal (for short 'DRT') at Jabalpur was available to hearthe matter. This Court, as an interim measure, stayed the recovei-y proceedings on 29.09.2008. It is brought to thenotice ofthisCourtthatvidenotificationdated 12.11.2008 (Annexure-A), Shri Narendra Kumar, Presiding Officer, Debts Recovery Tribunal, Lucknow, has been authorized to discharge the furictions ofPresiding .QfBcer, Debts Recovery Tribunal, Jabalpur, in addition to his own charge, with irmnediate ett'ect. 1. 2. 3. 4. 5. »[ if': l)'^ ;1 '^•!iii |"i!!i |!t 11.^ »w*-^ ,..S..^i. ^; ^.; ^-^~"^.. y. !? ^ 'an-"1 -•i t), •"• y 7. Sahu Leamed counsel appearing for the petitioner submits that as, now the Presiding OfBeer is available to hear the matters at Debts Recovery Tribunal, Jabalpur, fhis petition may be disposed ofwith liberty to the petitioner to file a statutory appeal for redressal/adjudication ofthe matter. Having heard leamed counsel appearmg for fhe parties and keeping m view of the facts that statutory appeal is available under the provisions of Section 17 of the Act 2002, fhis petition is disposed of reserving liberty to the petitioner to pursue the statutory remedy of filing an appeal before the DRT, Jabalpur, for proper redressai/adjudication of the matter within a period of ten days from today. No order asto costs. tf the statutory appeal is filed by fhe petitioner witliin ten days, the interim relief granted on 29.09.2008 shall continue till the first date ofhearing before the DRT, Jabalpur. Thereafter, the DRT, Jabalpur, may consider the application filed by the petitioner for interim relief, in accordance with law, without bemg influenced by observations, ifany, made hereinabove. Sd/- Satish K. Agnihotri Judge '(