FF^ .^-S-"-^^:!:^-1" HIGH COURT OF CHHATTISGARH AT BILASPUR WRTT PETmON fQ No. 1875 of2007 PETITIONER Priya Sinha W/o Shri Manoj Sinha, Aged about 31 yeais, R/o 18, College Road, Chobey Colony, Raipur(C.G.) VERSUS RESPONDENTS : 1. State Bank oflndia A body corporate constituted under the State Bank of India Act, 1955, having its Central Office at Madam Cama Road, Mumbai with one ofits Head Office at Bhopal and Brmch offiee at Fafadih Branch, Raipur (C.G.) Thraigii : The Cliief Gaieral Maiiager, Fafadih Branch, Raipur. 2. M/s. Chandela Housing Pvt. Ltd. a having registered under the Companies Act, 1956, having its registered office at 70, Anaiid Nagar, Baipur, presently numing the business at their office Vishal Naga', Near Watei- Tadc Raipur (C.G.) WRTT PETmON UNDER ARTICLE 226 OF THE CONSTFTUnON OF INDIA SB: Hon'ble Shri Satish K. Asmhotri, J. Present: Shri S.C.Venna, Advocateforthepetitioner. Shri Sanjay K. Agrawal, Advocate for the respoadent No. 1. ORALORDER (Passed on 19"1 dayof November, 2008) 1. Withfheeonsentofttieparties,thematteristakenupforheaTingfmally. 2. The petitioner has preferred this writ petition on 19.03.2007 against the auetion sale notice dated 20.02.2007 issued by the respondent-Bank (Annexure P/6) under section 13(4) of the Seeuritization and Reconstruction of Financial Assets and Enforeement of Security Interest Act, 2002 (for short "the Act, 2002') and further prayed for staying oflfae auction sale which was scheduled to be held on 23.03.2007. 3. The respondent-Bank filed an original application being O.A No. 56/200 (Annexure P/5) before the Dehts Recovery Tribunal, (for sfaort 'DRT'), Jabalpur which is pending consideration. 4. This Court, as an interim measure, eranted status quo to the petitioner on 23.03.2007 stayingthe auction sale ofthe property. ••'aft.&^t:'-;^^;,; ^' -,f f r' ess^ 1 •^ ffsff^"' It is brou^it to the notice of this Court ttiat vide notification dated 12.11.2008, Shri Narendra Kumar, Presi<&ig OfBcer, Debts Recovery Tribunal, Lueknow has been authorised to discharge the functions of Presiding Qfficer, Debts Recovery Tribunal, Jabalpur, in additicm to his own eharge, with immediate effect. Having heard leamed counsel appearing for the parties and keeping in view ofthe fact that statutory appeal is available under fhe provisions ofsection 17 ofthe Act, 2002, and further that tfae O.A. No. 56/2005 filed by flie respondent-Bank is still pending consideration before &e DRT Jabalpur, this petition is disposed ofreserving liberty to the petitioner to pursue the pending O.A. No. 56/2005 before the DRT, Jabalpur for proper redressaVadjudication offhe matter. No order asto costs. The interim reliefgranted on 23.03.2007 shall eontinue till the first date of hearing before the DRT, Jabalpur. Thereafter, fhe DRT, Jabalpur, may consider the application filed by the petitioner for interim relief, in adcordance with law, without being influenced by observations, if any, made hereinabove. Sd/- Satish K. Agnihotri Judge Asat