HIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER RESPONDENTS Writ Petition f0 No. 2421 of2008 Smt. Rajani Khatuja w/o Pratap Kfaatuja, aged about 44 years, R/o Shankar Nagar, Raipur (C.G.) VERSUS 1. Bank of Baroda - A Body coiporate and banking company constituted under the Bankmg Compames Act, 1970 - Head Office Mandavi, Baroda (Gujai'at) 2. The Regional Manager, Bank of Baroda, LIC Buildiiig, Pandri, Raipur (C.G.) 3/ The Branch Manager, Bank of Baroda, Brancli, Raipur .^(WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) (SB: Hpn'ble Mr. Satish K. Agmhotri, J.) Slm P.R.Patankar, Advocate for the petitioner. Shri S.S.Rajput Advocate forthe respondents. ORDER fORAL) (Passed on 96U1 day ofJuly, 2009) 1. Heard learned counsel appearing for the pailies. 2. The petitioner has prefen'ed this writ petition on 24.04.20Q8 against the notice dated 03.04.2008 (Aimexure P/9), issued by the respondent-Bank, under Section 13(2) of the Securitization and Reconstmction of Financial .^ssets and EMbrcement ofSecurity Iiiterest Act, 2002 (for short "the Act 2002'), for recoveiy ofdues. 3. Leamed counsel appearing for the petitioner submits that the instant petition was filed osi the gi'ound that no Presiding Officer in Debts Recovery Tribunal (for short 'DRT') at Jabalpur was available to heai' the matter. 4. This Court, as an interim measure, stayed the recovery proceedings on 01.05.2008. 5. It is brought to the notice of this Court that vide notificatioii dated 12.11.2008, Presiding Officer, Debts Recovery Tribunal, Lucknow, has been authorized to discharge the functions of Presiding Officer, Debts Recovery Tribunal, Jabalpur, in addition to his own charge, with iinniediate effect. 6. Leamed counsel appearmg for the petitioner submits that as, now the Presiding Officer is available to hear the matters at Debts Recover}/7 Tribunal, Jabalpur, this petition may be disposed ofwith liberty to the petitioner to file a statutory appeal for redressal/adjudication ofthe matter. 7. Having heard leaiiied counsel appearing for the paities and kecping iii view ofthe facts that statutory appeal is available under the provisions of Section 17 ofthe v Act 2002, this petition is disposed ofresei-vmg liberty to the petitioner to pursue the statutoiy remedy of filing an appeal before the DP.T, Jabalpur, for proper redressal/adjudication of the matter within a period of ten days from today. No orderasto costs. 8. On the request of leamed counsel appearisig for the petitioner, the isiterim relief gi'anted on 01.05.2008 shall continue for 10 days from today to enable the petitioner to file an application/appeal before the DRT, Jabalpur. On filing the appeal by the petitioner, the DRT, Jabalpur, may consider the same m accordance wlth law, without being influenced by observations, ifany, made hereinabove. 9. Coiisequently, pending applications, ifany, also stand disposed of. Sd/- Sarish K.Agnihotri Judge Gov,Ti