HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition fO No. 5785 of 2008 PETITIONERS RESPONDENTS •::^.m 1. Smt. Usha Sinha, aged about 38 years, W/o Anup Sinha, Proprietor Lucky Paper Converting Industries, Ryo Trikon Chowk, Kedaipur, Ainbikapur, Distt. Surguja (CG), 2. Smt. Vimla Devi, aged about 62 years, W/o Suresh Chandra Prasad, Kedarpur, (Near Trikon Chowk), Ambikapur, Distt. Surguja (CG). VERJSUS i 1. The Branch Manager, Central Bank of India, Branch Namnakala, Aiiibikapur, Distt. Surguja (CG). 2. Aufhorized Officer, Central Bank of India, Regional Office, Ambikapur (CG). (WRIT PETITION UTSfDER ARTICLE 226/227 OF TEIE CONSTITimON OF DsODIA) rSB: Hon'Me Mr. Satish K. Agnihotri, J.) Presesit Sliri D.N. Prajapati, Advocate for the petitioners. Shri B.D. Gum, Advocate forthe respondents. QRALQRDER (Passed on llul day ofDecember, 2008) 1. With the consent ofthe parties the matter is taken up for hearing finally. 2. The petitioners have prefen'ed this writ petition cn 14.10.2008 against the notice dated 01.02.06 (Amiexure P/2), issued by the respondent Bank, under Section 13 (3) ofthe Securitization aiid Reconstmction ofFinancial Assets and Entbrcement of Security Interest Act, 2002 (for short "the Act 2002'), for recoveiT ofdues. ??'(Leamed counsel appearing fbr tlie petitioners submits that the instairt petition was filed on the ground that no Presiding Officer in Debts Recovery Tribunal (for short 'DRT9) at Jabalpur was available to hear the matter. 4. This Court, as an interim measure, stayed the recoveiy proceedings on 17.10.2008. 5. It is brouglit to the notice ofthis Court that vide notification dated 12.11.2008 (.4Lmiexure-A), Sliri Narendra Kumar, Presiding Oflicer, Debts Recovery Tribunal, Lucknow, has been authorized to discharge the functions ofPresiding (^f^ Officer, Debts Recovery Tribunal, Jabalpur, in addition to his own charge, with immediate effect. 6. Leamed counsel appearing for the petitioners submits that as, now the Presiding Officer is available to hear the matters at Debts Recovery Tribunal, Jabalpur, this petition may be disposed ofwith liberty to the petitioners to file a statutory appeal for redressal/adjudication ofthe matter. 7. Having heard leamed counsel appearing for the parties and keeping in view of the facts that statutory appeal is available under the provisions ofSection 17 of the Act 2002, this petition is disposed ofresei-vmg liberty to the petitioners to pursue the stafutoiy remedy of tiling an appeal before the DRT, Jabalpur, for proper redressal/adjudication ofthe matter within a period oftwo weeks from today. No orderasto costs. 8.'k Ifthe statutory appeal is liled by the petitioners within a period of one week, the interim relief granted on 17.10.2008 shall continue till the first date of hearing before the DRT, Jabalpur. Thereafter, the DRT, Jabalpur, may consider the application tiled by the petitioners for interim relief, in accordance with law, without being influenced by observations, ifany, made hereinabove. 9. Consequently, pending applications, ifany, also stands disposed of. Sd/- Satish K. Agnihotri Judge Tliakiir .\