EIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (C) N0. 3275 of 2008 %L]°? PETITIONERS 1. M/s Sati Rice Mill Being represenied by Proprietor Shri Sita Ram Agrawal, Naya Ganj Ward, Bhatapara, Distt. Raipur, CG. . Shri Sita Ram Ag‘awal, S/o late Shri Bansila] Agrawal, Proprietor Shri Sati Rice Mill, Bhatapara, Aged about 74 years, Naya Ganj Ward, Bhatapara,'Tah. Bhatapara Distt. Raipur, CG. .I Late Shri Moti Lal Bhojwani Through his Legal representative Shri Gagan Das Bhojwani, Shri Devi Das Bhojwani, Matadevalaya Ward, Bhatapara, Distt. Raipur, 'CG. VERSUS . Central Bank of India A body corporated Constiiuted under Banking Companies (Acquisition and Transfer )of Undenaking Act, 1970 Having its Head Office at Chandramukhi, Nariman Point, Mumbai—400 021 Through its Chairman. . Central Bank of India Bhatapara Branch, Tehsil and Disirict Raipura CG through its Branch Manager. (WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTTTUTION OF DJDIA) (SB: Hon‘bie Mr. Satish K. Agnihotri, J.) V\ Present : Smt rouzia Mirza, Advocate for the petitioners Shri Rajendra Tripathi Advocate for the respondents RESPONDENTS o.t . ORAL ORDER (Passed on 11"“ day 0r December, 2003) l. With the consent ofthe parties the matter is taken up for hearing finally. 2. The petitioners have preferred- this writ petition on 06.05.2008 against the notice dated 21 03 2008 (Annexure P/l) issued bv the respondent Bank under Section 13 (4) 0t the Securitization and Reconstruction of binancral Assets and Enforcement 0t security Interest Act, 2002 (tor snort "the Act 2002 ) tor recovery 0t dues. . Learned counsel appearing for the petitioners submits that the instant petition was filed on the ground that no Presiding Ofticer in Debts Recovery Tribunal (fof short ‘DRT’) at Jabalpur was available to hear the matter. He further submits that the petitioneis have already prefeired an appeal being 0.A. No, 226/2000 (Annexure P/Z) under Section 19 ofthe Debts Recovery Tribunal, Jabalpur (for short ‘DRT, Jabalpur’) against the recoveiy proceedings and the same is pending consideration. This Court, as an interim measure, stayed the recovery proceedings on 12.08.2008. 5. It is brought to the notice ofthis Court that Vide notification dated l2. 1 1 .2008 (Annexure-A), Shri Narendra Kumar, Presiding Officer, Debts Recovery Tribunal, Lucknow, has been authorized to discharge the functions ofPresiding Officer, Debts Recovery Tribunal, Jabaipur, in addition to his own charge, with immediate effect. . Learned counsel appearing for the petitioners submits that. since the petitioners have already preferred an appeal and now the Fresiding Officer is available to hear the matters at Debts Recovery Tribunal, Jabalpur, this petition may be disposed ofiyith liberty to the petitioners to pursue the statutory remedy. . Having heard learned counsel appearing for the parties and keeping in View of the facts that statutory appeal is available under the provisions of Section 17 of he Act 2002, and further that the petitioners have already filed an appeal, which is pending consideration before the DRT, Jabalpur, this petition is disposed ‘of reserving liberty to the petitioners to pursue the pending appeal before the DRT, Jabalpur, for proper redressal/adjudication of the matter. No order asto costs. . The interim relief gamed on 12.08.2008 shall continue till the first date of hearing before the DRT, Jabalpur. Thereatter, the DRT, Jabalpur, may consider the application tiled by the petitioners for interim relief, in accordance with law, without being influenced by observations, it‘any, made hereinabove. 9. Consequently, pending applications, ifany, also stands disposed of. Sd/- " Satish K.Ag“ih°tri Judge Tlxakur . t