H1GH CODRT OF CHHATT1SGARH Al BILASPUR PETITIONERS WRITPETITIONfC) No. 29S6 of2U07 : 1. M/s. Shri Durga Foods (Raipur) Pvt. Ltd. a company registered under the Provisions of Companies Act, 1956 having ite registered ofBce at - BhaistSiaii Sgrasea Chowk, Raipur atid tactorv situated at : Chotte URLA Abhanpur, District Raipur, CIiliattisgarh. 2. Shri Saunria Agrawal S/o Shri Radheshyam Agrawai, aged about 37 yeais, R/o -11 Shala Marg, Choubev Colonv, Raipur, Chhattissarii. 3. Smt. KaushaSya Agrawal, W/o Sln-i Sadhedyam Agrawal, aged about 58 years, R/o -11, Shala Marg Choubey Colony, Raipur, ChSiattisgarh. 4. Snrt. Rita Patel W/o Shri Dinesh Patel, Aged about 48 yeass, R/'o - 316, Sunder Nagar, Raipur, Chhattisgarh. VEKSUS : 1. Punjab Natianal Bank, Chhattisgarh Zone, Medical Collegc Road, Raipur, CaihattisgaA, Through Authorised Qfficer. 2. Punjab Natioiial Bank, Statioa Road Branch, Raipur, Chhattisgarh Through Senior Manager WRIT PETITtON UNDER ARTICLE 226 OF THE CONSTITUTION QF INDIA SB: Hon'ble Shri Satish K. Aanihotri, J. RESPONDENTS j ~^\ Present: Shri Sanjay K. Agrawal, Advocate for Ihe petitioners. Dr. N.K.Shukla, Senior Advocate with Shri Sudhu- Agrawal, Advocate tor fhe respondents. ORUER (Passed oo 5!bc!ay of October, 2007) 1. Dr. Sbukla, leamed senior counsel appearing for tfae respondents submits that the dispute involved in this petition is pending consideration before the Debts Recovery Tribunal, Jabalpur, Madhya Pradesh, in Securitisation Application No. 24 of2007 (M/'s. Shri Dur^ Foods (Raipur) Pvt. Ltd and another Vs. Punjab National Bank &. another). Thus, Ifae petition is not maintainable as tiie petitioner caimot seek the same reltefin two tbrums. '(^ 2. This eourt, while issuing notice, passed an order to ths effeet that no coercive steps be taken to recover the amount pendins under cansideration. 3. Leamed counsel appearins for the petitioner submits that the petitioner has filed an application under Section 17(1) of the Securitisation & Reconstruction of Financial Assets & Entbreement of Security Interest Act, 2002 (heremafter referred to as 'the Act, 2002') v/hicb is pending consideration. It is fiirther contended bv the leamed counsel thgt Sub- Section (5) of Section 17 fhe Act, 2002, provides that any application made under Sub-Seetion (1) ofSection 17 shall be dealt with by the Debts Recoverv Tribunal as expeditiouslv as possible and disposed of within sixty days from the date ofsueh application. 4. The Debt Recovery Tribunal shall coasider the application filed under Section 17(1) ofthe Act, 2002 as early as possible preferably within a period of 15 davs. Till that time, the interim order dated 09.05.2007 passed bv this Court shall remain in operation. 5. hi view ofthe above, this petition stands disposed of Sd/- Satish K.Agnihotri Judge Amit