P1 Mohanlal Khatuja S/o Late Chandwnal Kliataja about 59 years, R'o Shankar Nagar, Raipur (C.G.) i'DENTS : 1. BaiikofBaroda-ABody corporate andbanfcingcompany constituted under the Banking Companies A_ct, 1970 Head Office Mandavi, Baroda (Gujarat) 2. The Regional Manager, Bank of Baroda, LIC Btiilding, Pandri, Raipur (C.G.) 3. The Branch Manager, Bank of Baroda, Branch, Raipur (C.G.) . (WRIT PETITION L7NDER ARTICLE 226 OF THE CONSTmjTION OFINDIA) {SB: Hon'UeMr. SatishK. A2mhotri,.J.) Shri P.R.Patankar, Advocate for the petitioner. Shri S.S.Rajput, Advocate for therespondents. ised on -th 1. Heard leamed counsel appearing for the paities. 2. The petitionei- has prefeiTed this wi-it petition on 16.06.2008 against the notice dated 03.04.2008 (Annexure P/8), issued by the respondent-Bank, under Sectioii 13(2) of tlie Securitization and Reconstmction of Fiaancial Assets and Eirfbrcemeiit of Security Interest Act, 2002 (for short "tlie Act 2002'), for recoveiy ofdues. 3. Leamed counsel appeanng for tiie petitioner submits that the instant petition was filed on the ground that no Presiding Officer in Debts Recovery Tribunal (for short 'DRT'^ at Jabalpur was available to hear the matter. 4. This Court, as an interim measure. stayedthe recoven' proceedings on 18.06.2008. 5. It is brought to the notice of this Court that vide notification dated 12,11.2008, Presiding OfFicer, Debts Recover;.' Tribunal, Lueknow, has ^••^'—^s^^ ^'SSSB&^ t V !• . "...-.^' ''?.. ';;"'"' --"?' 'oeen authorized to discharge the functions of Presiding QfScer, Debts Recover}' in addition to his own chai'ge, with immediate 6. LeaiTied counsel appearing for the petitioner submits that as, now tlie Presiding Ofiicer is available to hear the matters at Debts Recovery Tribunal, Jabalpur, this petition may be disposed ofwith liberty to the petitioner to fils a statutory appeal redi-essal/adjudication ofthe matter. for r' 7. FIaving heard leamed coutisel appearing for the paities and keeping ia view ofthe facts that statutory appeal is availabie under the provisions of Section 17 oftlie Act 2002, this petition is disposed of reserving liberty to the petitioner to pursue the statutory remedy of filing an appeal before the DRT, Jabalpur, for proper redressal/adjudication of the mattsr within a period of ten days from today. No order asto costs. 8. On the request of leamed counsel appearing for the petitioner, the intermi relief gi-anted on 18.06.2008 shall contmue for 10 days from today to enable the petitioner to file an application/appeal before the DRT, Jabalpur. On filuig the appeal by the petitioner, fhe DRT, Jabalpur, may consider the sairie in accordance with law, without being mfluenced by observations, ifany, made hereinabove. 9. Consequently, pending applications, ifany, also stand disposed of. Sd/- Satish K: Agnihotri Judge