.»-* 10 ^ HIGH COURT OF GHHATTI8GARH AT BILASPUR Writ Petition fO No. 3385 of2008 PETITIONER PONDENT M/s Bedi Feed Traders Through its Partner Harpal Singh Bedi, S/o Bhagat Singh Bedi, aged about 46 years, 10-H, Light Industrial Area, Bhilai, Distt. Durg (CG) & R/o Block No. 58, PlotNo. 11, Nehm Nagar (E),~Distt. Durg (CG)- -:. . :::, : .. . • VERSUS •;. ' State Bank of India, Throu^i Chief Manager, Industrial Estate Branch, Bhilai, Distt. Dui^ (CG). (WRIT PETmON UNDER ARTICLE 226/227 OF THE CONSTTTUHON OF INDIA) rSB: Hon'bleMr. SatishK. Aemhotri.J.) Present I.., Shri Shrawau Agrawal, Advocate for 1fae petitioner. Shri Abhishek Sinha, Advocate forthe respondent. ORALORDER (Passed on 18U1 day OfNovember,2008) With the consent ofthe parties the matter is taken up for hearing finally. The petitioner has preferred this writ petition on 30.06.2008 against the notice dated 13.12.2006 (Annexure P/5), issued by fhe-respondent Bank, under Section 13 (2) ofthe Securitization and Reconstruction ofFinancial Assets and Enforcement of Security Interest Act, 2002 (for short "the Act2002'), for recovery of dues. The petitioner also challenges the validity and legality ofthe possession notiee dated 17.2.2007 (Annexure P/9). Leamed counsel appearing for the petitioner submits that fhe instant petition was filed on tiie yound that no Presiding Qfficer in Debts Recovery Tribunal (for short 'DRT') at Jabalpur was available to hear the matter. He furlfaer submits that the petitioner has akeady preferred an appeal No. 3/2007 under Seetion 17 of the Debts Reeovery Tribunal, Jabalpur (for short 'DRT, Jabalpur) agamst the recovery proceedings and the same is pending consideration. This Court, as an interim measure, stayed tfae recovery proceedings .on 18.07.2008. - 8. Itisbroughtto thenotice offhis Courtthatvidenotificationdated 12.11.2008 (Annexure-A), Shri Narendra Kumar, Presiding Qfficer, Debts Recovery Tribunal, Dicknow, has been authorized to discharge the functions ofPresiding OflBcer, DebtsRecovery Tribunal, Jabalpur, in addition to his own charge, with immediateeffect. Leamed counsel appearing for.the petitioner submits that since the petitioner has already preferred an appeal and now the Presiding Officer is available to hear the matters at Debts Recovery Tribunal, Jabal{xir, this petition may be disposed ofwith liberty to the petitioner to pursue the statutory remedy. Havmg heard leamed counsel appearing for the parties and keeping in view of fhe faets that statutory appeal is available under the provisions ofSection 17 of the Act 2002, and fiirther that fhe petitioner has ah-eady filed an appeal, which is pending consideration before the DRT, Jabalpur, this petition is diq>osed of reserving liberty to tfae petitioner to pursue the pending appeal before the DRT, Jabalpur, for proper redressaVadjudication ofthe matter.No order asto costs. The interim relief granted on 18.07.2008 shall continue till the first date of hearing before the DRT, Jabalpur. Thereafter, the DRT, Jabalpur, may consider the applieationfiledbythe petitioner for interim'relief, in accordance withlaw, without being influenced by observations, ifany, made hereinabove. Sd/- SatishK.Agnihotri Judge ^ . U'^f'; ;?i