ao PETI'; Writ Petition (Q No. 2393 of 2008 Pratap Khatuja S/o Shri Chandumal Khatuja Aged about 45 years, R/o ShaiAar Nagar, Raipur (C.G.) <tH)ET^ (m 1. Baiik of Baroda - A Body corporate and banking company constituted under the Banking Companies Act, 1970 Head Office Mandavi, Baroda (Gujarat) 2. The Regional Manager, Bank of Baroda, LIC Building, Pandri, Raipur (C.G.) 3. The Branch Manager, Bank of Baroda, Branch, Raipur (C.G.) PETITION UNDER ARTICLE 226 OF THE CONSTITU^0^7 OF INDIA) CSB: Hon'Ue Mr. Satish K. Asnihotri. J.) Shri P.R.Patankar, Advocate for the petitioner. Shri S.S.Rajput, Advocate forthe respondents. -ai 1. Heai'd leamed counsel appearing for the parties. 2. The petitioner has prefen'ed this •writ petition <5n 24.04.2008 agaitist the notice dated 03.04.2008 (Annexure P/9), issued by the respondent-Baiik, under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the Act 2002'), for recovei-y ofdues. 3. Leai~ned counsel appearing for the petitioner submits that the instant petition was filed on tlie groundthat no Presiding Officer iii Debts Recovety Tribunal (for short ) at Jabalpur was available to hear the matter. 4. TliisCourt, as an interim measure, stayedtherecover^'proceedingson 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 "^.t?--: been authorized to discharge the fanctions of Presiding Officer, Debts Reeover^' Tribunal, Jabalpur, in addition to his own charge, with innnediate effect. 6. Leamed counsel appeai'mg for the petitioner submits that as, iiow the Presidin^ Officer is available to hear the matters at Debts Recovery Tribunal, Jabalpur, this petition may be disposed ofwith liberU' to the petitioner to file a statutory appea! •v^ for redressal/adjudication offhe matter. 7. Having heai-d leamed counsel appeai-ing for the parties aad keeping iti view ofthe facts that statutory appeal is available under the provisions of Section 17 ofthe Act 2002, this petition is disposed ofreserving liberty to the petitioner to pursue tlie statutory remedy of filing an appeal before the DRT, Jabalpur, for proper redressal/adjudicatioa of the matter witliin a period of ten days from today. No order asto costs. 8. On Ihe request of leamed counsel appeariag for the petitioner, the interim relisf granted on 01.05.2008 shall continue for 10 days from today to enable fhe petitioner to file an application/'appeal before the DRT, Jabalpur. On filmg the appeal by the petitioner, the DRT, Jabaipur, may consider tiie same in aceordance with law, without beiiig influenced by observations, ifany, made hereitiabove. 9. Consequently, pending applications, ifany, ako stand disposed of. Sd/- SatishK-Agi Judge