t7: HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(c) No.6241 of 2009 : Pawan Singh, S/o Shri Ghwal Singh, Aged PETYHONER about 33 ycals, R/o H.No. 826, Priyadarshini Nagar, Bilaspur Dist. CG State‘ Versus RESPONDENTS 1. Recovery Officer, D€bt Recovery Tribunal, Jabalpur, MP State. '2. Virendra Singh, S/o Shri Jayendra Singh, Aged about 50 years, R/o Mahavir Nagar, Raipur, Dist. CG State. 3, Chief Manager, Central Bank of India, Bilaspur Branch, Patel Bhawan, Bilaspur, CG State. S.B Hon’ble Shri Dhirendra Mishra, J. 30.10.2009: Shxl' GS Agrawal, Sr. Advocate with Shn' KR Nair, counsel for the petitioner. Heard on admission. The petitioner by the instant petition has impugned the notification of Annexuie P/ 1 published in the newspaper whereby the Debt Recovery Tribunal (in short “DR’IV’L. Jabalpur has published auction notice of the property described in the said notice for recovery of Rs.30,97,400/- and the date of auction is hxed for 4.11.2009 at Bilaspur. This petition has been nled by the petitioner with the averments that the petin'oner and respondent No.2—borrower have entered into an agreement on 25.7.1995 for lease of the premises, proposed to be auctioned, for a period of 3O years on an annual rent of Rs. 12,000] - vide Annexure P12, and by virtue of the said lease deed, he is in possession of the property in question. He has also got two rooms constructed thereon at his expenses after taking the property on lease with the consent and permission of respondent No.2. The petitioner has hrst charge over the property in question, however, the respondent—Bank ignoring the right and interest of the petitioner over the property, firstly attached the property and now proposes to sell it by public auction. The whole proceedings against respondent No.2 and the property in question was conducted without the knowledge of the petitioner and when he learnt, he served respondent No.2 with a legal notice of EXP/5 on 15. 10.2009 detailing ornnnn H. . i r3: ~ the facts mentioned in the petition. However, DRT has &ed 4th November, 2009 as the date for auction of the property. Shn' GS Agrawal, learned Sr. Advocate with Shri KR Nair, Advocate appealing for the petitioner submitted that the petitioner is mady and willing to repay the loan bomwed by respondent No.2, however, for the same, they need two weeks’ time to arrange for fund, and in the meanwhile, auction proceedings 1ixed for 4th November, 2009 may be stayed. From perusal of the document of EX.P/ 1, it appears that DRT has fixed the date for auction of the property in question in connection with Case No. O.A.E.X. No. 19/ 2006, Central Bank of India Vs. Sn' Sai Herbal Farms and others. The petitioner’s claim is based on the lease deed of Annexure P/2 purportedly entered into between respondent No. 2 and the petitioner With respect to the property described in the lease deed. Any legal right/title accruing to the petitioner on the strength of lease deed of Annexure P/2 vis—a—Vis right of the Bank to recover the loan from its borrower by auction of mortgaged property is a disputed question of fact, adjudication of the same would require recording of evidence and the same cannot be gone into in writ proceedings. From perusal of the documents of Annexure P/ 1, it is evident that after initiating proceedings under the Securitisan'on and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the borrower Sai Herbal Farms dz. others, the property mortgaged with the Bank has been notihed for auction. From the pleadings of the petitioner in the petition, it has also been observed that the property in question was attached by the respondent-Bank and notification for auction was issued on 3'd October, 2009. The petitioner instead of raising objection against the proposed auction sale before the DRT, has approached this Court by way of tiling writ petition. In these circumstances, the instant petition against the auction notice of Annexure P/ 1 being conducted by the DR’I‘ is not maintainable and the same is, accordingly, dismissed. f ' sw— hirendm Mishrai i Judge D