hibii COURT 0i? CHHATTESGARH AT BHJASPUR Writ Petition 1C} No. 34€H§ of20i§$ Mamik Mehta, aged abom‘ 37 wars; S/o Late Sim VD. Mama, Proprietor 01"M/s Future Vision, 48/6, NehEu N agar (W), Bhiiai, Digit. Durg {CG} PETH‘KSNER VERg's Ub‘ . UCO Bank. Through the Branch Managr, Nehru Nagar Branch, Biljiai, District Durg (CG). 2. The Authorised Oifieer, UCO Bank, Zonai Oiiice, 9;]: Anand Nagar, Raipur (CG). 3. Nationai insurance Compauy Lid. Branch Oii'icer No. 2. Power House, Bhiiai (CG), Disit. Durg (CG). 4. Ajay Kumar Upadhyaya S/o not known, Plot No. 5, Vivekanand Coiony, Vaishaii Nagar, Bhiiai, Distt. Durg (CG). (WRIT PETITION UNDER ARTICLE 226/227 OF HE CONSTITUTION QF INDIA) SB: Hon‘iiie Mr. Satish K. Agniimtri. J.) Present : RESPONI}ENIb Shri Praveen Das, Advocate for the petitioner. Shn' Ami! Pandey, Advocate for the respondent No. l 85 2. Shn‘ Abhisnek Sinha. Advocate for the Union of india. giKAL 0R1}ER {Passezi on 18%ny of Nox’ember, 2&8) ' With the consent ot‘the parties the matter 1‘3 taken up for hearing finally. The petitioner has preferred this writ petition on 30.06.2608 against the notice dated 06.07.2007 (Ann’exure P/lZ), issued by the respondent Bank, under Section 13 (2) ofthe Secun‘tization and Reconstruction ofFinanciaI Assets and Emorcement of Security Interest Act, 2092 (for short "the Act 2002’), fo recovery ofctues. The petitioner also challenges the validity and legality ot'the auction dated 22.05.08 (Annexure W19) and atso sale of property under the Act 2002 dated 24.06.2008 (Annexure P/2l). Learned counsel appearing for the petitioner submits that the instant petition was tiled on the ground that no Presiding Oti'icer in Debts Recovery Tiibunal it (for short ‘DRT’) at Jabalpur was avaiiable to hear the matter. He lilrther submits that the petitioner has already preteired an appeal (Annexure P/17) r under Seoijon 17 ofthe Debts Recovery 'I‘n‘bunal, Jabalpur (for Sheri ‘DRT, Jabalpur’) against the recovery proceedings and the same is pending I'hls Court, as an interim measure stayed the recovery proceedings 0n 03.07.2008. i V It is brought to the notice ofthis Court that vide notification dated 12.11.2008 (Annexure-A), Shu‘ Narendra Kumar, Presiding 011icer, Debts Wovery Tribunal, Lucknow, has been authorized to disciiarge the thnctions ofPresiding 0&icer, Debts Recovery 'i‘ribunal, Jaoaipur, in addiu‘on to his own charge, With consiéeration. I inmediateeifect. Learned counsei appearing for the petitioner submits that since the petitioner has already preferred an appeai and now the Presiding Oiticer is avaiiable to hear the matters at Debts Recovery Tribunai, Jaba1pur, this petition may be disposed ofwith liberty to the petitioner to pursue the statutory remedy. the facts that statutory appeai is avaiiahle under the provisions ofSection 17 of the Act 2092, and turther that the petitioner has aheady filed an appeal, which is pending consideration betore the DRT, fabaipur, this netition‘ is disposed of reserving iiberty to the petitioner to pursue the pending appeai before the DRT, Jabaipur, for proper redressai/adjudication ofthe matter. No order asto costs. The interim reiief granted on 03.07.2008 shaii continue tiil the first date of hearing before the DRT, Jahalpur. Thereafter, the DRT, Jabalpur, may consider the appiication tiied by the petitioner for interim reiief; in accordance With law, Having heard 1eamed counsei appearing for the parties and keeping in View of without being intiuenced by observations, ifany‘. made hereinabove. . .\ Sw‘ ’Satish K. Agnihotri Judge