^' \w> HIGH COURT OF CHHATTISGARHAT BILASPUR Writ Petition tQ No. 5618 of2008 RESPONDENTS PETITIONER : Smt. Urmila Vishwakanna W/o Shri Prakash Vishwakarma, aged about 54 years, R/o Ward No. 18, Manendragarh, Tehsil Maneadragarli, District Korea (CG) Pin-497442. VER8US " . 1. The Authorised OfBcer, Funjab National Bank, Zonal OflBce, Chhattisgarh Zone Medical College Road, Raipur (CG) 492001. 2. Punjab National Bank Through the Branch Manager, Manendragarh Branch, Manendragarh Distt. Korea (CG). (WRIT PETmON UNDER ARTICLE 226/227 OF THE CONSTTTUnON OF INDIA) fSB: Hon'ble Mr. Satish K. Aenihotri. J.) Present : Shri Shrawan Agarwal, Advocate forthe petitioner. Shri D. Datta, Advoeate with Shri M. K. Bhaduri, Advocate for the responderits No. 1 & 2. Shri Abhishek Sinha, Advoeate forthe Unionoflndia. ORALORDER s 3. 4. 5. (Passedon 18'" day ofNovember,2008) With fhe consent ofthe parties the matter is taken up for hearing finally. The petitioner has preferred fhis writ petition on 29.09.2008 against the notice dated 20.9.2008 (Annexure P/12), issued by the respondent Bank, imder Section 13 (4) ofthe Securitization and Reconstruction ofFinancial Assets and Enforcement of Security Interest Act, 2002 (for short "the Act 2002'), for recoveryofdues. Leamed counsel appearing for the petitioner suhmits fhat the instant petition was filed on the ffousd that no Presiding OfBcer in Debts Recovery Tribunal (for short 'DRT') at Jabalpur was available to hear the matter. This Court, as an interim measure, stayed the auction proceedings on It is brou^it to the notice ofthis Court that vide nottfication dated 12.11.2008 (Armexure-A), Shn Narendra Kumar, Presiding Officer, Debts Reeoveiy Tribunal, Lucknow, has been authorizedto dischargethe functions ofPresidtdg 8. Sahu QflBcer, DebtsRecovery Tribunal, Jabalpur, in additionto his own charge, with immediate effect. Leamed counsel appearing for the petitioner submits that as, now the Presiding Officer is available to hear the matters at Debts Recovery Tribunal, Jabalpur, this petition may be disposed ofwith libertyto thepetitioner to file a statutory appeal for redressal/adjudication ofthe matter. Havingheard leamed eounsel appearmg forthe parties and keeping in view of the facts that statutory appeal is available under the preivisions pfSection 17 of the Act 2002, this petition is disposed ofreserving liberty to the petitioner to pursue fhe statutory remedy offiling an appeal before the DRT, Jabalpur, for proper redressal/adjudication ofthe matter within a period often days &om today. No order asto costs. Ifthe statutory appeal is filed by the petitioner within ten days,the interim relief granted on 3.11.2008 shall continue till the iirst date ofhearing before the DRT, Jabalpur. Thereafter, the DRT, Jabalpur, may eonsider the application filed by the petitioner for interim relief, in accordance with law, without being influenced by observations, ifany, made hereinabove. Sd/- Satish^K.Agnihptri ;Sftidge :.i ^- 1 Rp^ H(;1