HIGH COURT OF CHHATTISGARH AT BILA8PUR WRIT PETmON (C) No. 4966 of2008 PETITIONER : Pamianand Yadav S/o Shri Ramchij Choudhary, aged about 41 years, Proprietor M/s. Astfaa Surgical Shop No. 13-14, Block No. 5, Dakshin Oangotri, Supela. Bhilai, resident of 26/7^ Radhika Nagar, Supela, Bhilai, District Durg (CG) VERSUS RE8PONDENTS : 1. The ChiefOfficer, UCO Bank, Zonal Office, Raipur, DistrictRaipur(CG) 2. The Assistant General Manager, UCO Bank, Sector- 1, Branch Bhilai, District Durg (CG) 3. The Branch Mamger, UCO Bank, Nehru Nagar Branch, Bhilai, District Durg (CG) WRTT PETmON UNDER ARTICLE 226/227 OF THE CONSTTTUTION OF INDIA SB: Hon'ble Shri Sattsh K. Asrfhotri»J. Present: Shri Bharat Rajput Advocate for the petttion^r. ORALORDER (Passed on 09th day pf Sq>tember, 2Q(%) The petitioner is aggdeved by the auctionnoticedated 31.08.2008 (Atmexure P/2) pubHshed in the newspaper "Dainik Bhaskgir^ by fhe respondent-Bank for recovery ofsome money. The ^ievance offhe petitioner is that without giving an opportunity ofhearing or issuing notice as prescribed under law, the property has been put cn auction to recover fhe alleged outstanding amount ofloan. Be tiiat as it may. Section 17 of tihie Securitisation and K^constm of Financial Assets and Enforcement of Seeurity Interest Act, 2002 (hereinafter referred to as 'the Act, 2002''), provides for an appeal before Ihe Debts Recovery -2- T^ribunal by any person inchiding the borrowe^ 2002 reads as under: "17. Right to appeal. - (1) Any person (acluding borrower), aggneved by any ofthe measures refefred to m sub-se^tion (4) of section 13 taken by the secur^i creditor or Iris authorised officer under fhis Ch^>ter, [may make an appiication alongwifh such fee, as may be prescribed] to the Debts Recovery Tribunal havii^ jurisdietion in the matter within forty-five days jfrom the date on which such measures had been taken: [Provided that different fees may be prescribed for making the application by the bCTrower and the pei-soti other than fhe borrower.j (2) The Debts Recovery Tribui^l shall coiis«ler whether any oftiie measures referred to m sub-sectioii (4) ofsection 13 tdcen by fhe secured areditor for enforcement ofsecarity are in accordance with fh@ provisions ofthis Aet and fhe mles maxie thereunder. (3) I£fhe Debts Recovery Tribunal. after exammmg the facts and circuniBtances ofthe cas@ and evideiice produced by Ihe parties, comes to the eonclusian tfiat any of tiie measures referred to in sub-section (4) ofsection 13, t^eii by fhe secured creditor are not in accordan<» with the provisions of this Act and the mles made tfaereunder, and require restoration oftbe management ofthe ^ecured assets to tiie borrower or restoration ofpo^©ssionofthe secured assets to fhe borrower, it may by ord^ deGlare the recourse to any one or more measures ref^iTed to m-sub-section (4) of section 13 takeii by fhe secu^ ass^s as mv^id ,a^ restore the possession oftlie secared assete to die boxa'ower or restore the maaiagement of the secured assete to the borrower, as fhe case may be, and pass such order as it may consider appropriate and necessary in relertion to any oftiie ' recourse taken by the secur^l creditor undter suh-section (4) ofsection 13. .^.•..^......;:,^ (4) If, the Debts Recovery Tribunal decl^-e the recourse taken by a seeured creditor iui4er ^ib-section (4) (^section 13 is in accordance with the provisions ofthis Act and the mles made fhereunder, theii, notwithstanding anytliing contained in any other law fw the time bemg m force, the secured creditor diall be entitted to take rewurse to on©or more of tiie measures specified under sub-section (4) of seetion 13 to recover his seouired debt. (5) Any application raads uadea- sub-seetion (1) shall be dealt wifh by the Debts Recovery Tribunal as expeditiously as possible and disposed ofwitihia sixty days from the date ofsuch application: Provided tiiat the Debts Recova-y Tribunal may, from time to tiine, extend the smd period for reasons to be recorded in ,^vs^^ /'s^f^% Ik' '"^ 4. 6. -3- writing, so however, fhatfhe total period ofpendencyofthe application with the Itebts Recovery Tribunal, sliall not exceed four monfhs from the date of making of such application made under sub-section (1). (6) If fhe application is aot disposed of by fhe Debts Recovery Tribunal witliin tlie period of four monflis as specified in sub-section (5), any party to fhe application may make an application, iii such fomi as may be prescribed, to tiie Appellate Tribunal fw directing tfae Debts Recovery Tribunal for expeditious disposal of the application pending before the Bebts Recovery Tribunal aiid the ^pellate Tribunal may^ on such applicatio^ imike an order for expeditious disposal ofthe pendmg application by tlie Debts Recovery Tribunal. (7) Save as ofherwise jrovided in fhis Act, the Debts Recovery Tribunal shall, as fai' as may be, dispose of application in accordance wifh fhe provisions of the Recovery of Debts Due to Banks and Financial Institutiom Act 1993 (51 of 1993) and the rules made fhereunder.j" Section 34 oflhe Act, 2002 bars jurisdiction of cwil court- Inthe present case, smce the disputed question offacts »einvoh^ed, tiiis Court camiot det@mime fhe liability or outstandmg dues and adjudicate thereupon. The facts involved herein are disputed which caimot be examined by this Court in exercise ofits power under Article 226of11ie C<mstitution of!n<Ma, the^fore, it is furtfier necessary that the petitioner may approach the Debts Recovery Tribunal for redressal ofhisgrievances. , .^..^ :.^, With the above observations, this petMon is diamissed as not mamtamable. However, it is open to the petitioner to take recourse to aftemative stalutory remedy fhat may be available to him under the provisions oflawr, There wiU be no question of delay if the appeal is filed witfain a period of 15 days, if so advised No order asto costs. Consequently, I.A No. 1, application for grimt of ad-interim relief, also stands disposedof -—^ Satish K. Agnihotri Judge Ainit