HIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER RESPONDENTS Writ Petition tQ No. 2422 of2008 Smt. Radha Bai Khatuja W/o Mohan Lal Khatuja, Aged about 58 years, R/o Shankar Nagar, Raipur (C.G.) VERSUS 1. Bank of Baroda - A Body corporate and banking company constituted under the Banking Companies Act, 1970 - Head Ollice Mandavi, Baroda (Gujai'at) 2. The Regional Manager, Baiik of Baroda, LIC Buiidmg, - Pandri, Raipm- (C.G.) 3. The Branch Manager, Baiik of Baroda, Brzinck Raipur (%7RIT PETITION UNDER /UITICLE 226 OF TI-IE CONSnTLTION OF INDIA) (SB: Hon?bie Mr. Satish K. AgmhoM, J.) Sliri P.R.Pataiikar, Advocate forthe petitioner. Slm S.S.Rajput, Advocate for the respondents. ORDER ('ORAL) (Passcd on 06til day ofJiiiy, 2009) 1. Heard leamed counsel appearing for the parties. ^ 2. The petitioner has prefen'ed tliis writ petition on 24.04.2008 against the notice dated 03.04.2008 (Annexure P/9), issued by the respondent-Bank, under Section 13(2) of the Securitization and Reconstmction of Financial Assets and Enfbrcement ofSecurity Interest Act, 2002 (for short "the Act 2002'), for recovery ofdues. 3. Leamed counsel appearing for the petitioner submits that fhe instant petition was filed on the gi'ound that no Presiding Ofificer in Debts Recovety Tribunal (for short 'DRT') at Jabalpur was available to hear the matter. 4. This Court, as an interim measure, stayed the recovery proceedings on 01.05.2008. 5. It is brought to the notice of this Court that vide notification dated 12.11.2008, Presiding Officer, Debts Recovery Tribunal, Lucknow, has been authorized to discharge the functions of Presiding Officer, Debts Recovery Tribunal, Jabalpur, in addition to his own charge, with immediate effect. 6. Leamed counsel appearing for the petitioner submits that as, now the Presidiiig Officer is available to hear the matters at Debts Recoveiy Tribunal, Jabalpur, tliis petition may be disposed ofwith liberty to the petitioner to file a statutoiy appea! for redressal/adjudication oftlie matter, 7. Having heard leamed counsel appearing for the parties and keeping in view ofthe facts that statutory appeal is available under the provisions of Section 17 ofthe Act 2002« this petition is disposed of resei'vmg liberty to the petitioner to pursue the statutory remedy of filing an appeal before the DRT, Jabalpur, for proper redi'essal/adjudication ofthe matter within a period often days from today. No order asto costs. 8. On the request of leamed counsel appearmg for the petitioner, the mterim relief gi'anted on 01.05.2008 shall continue for 10 days fi'om today to enable the petitioner to file an application/appeal before the DRT, Jabalpur. On filing the appeal by the petitioner, the DRT, Jabalpur- may consider the same in accordance with law, without being influenced by obsei-vations, ifany, made hereinabove. 9. Consequently, pending applications, ifany, also stand disposed of. 1X: Sd/- SatishK.Agnihotri Judge Gowri