RESPONDENT8 HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (O No. 2516 of2008 PETITIONERS : Smt. Nanki Bai Khatuja W/o Late Chandumal Khatuja, Aged about 75 years, R/o Shankar Nagar, Raipur (C.G.) VERSUS 1. Bank ofBaroda - A Body corporate and banking company constituted under the Banking Companies Act, 1970 - Head OfBee Mandavi, Baroda (Gujarat) 2. The Regional Manager, Bank of Baroda, LIC Building, Pandri,Raipur(C.G.) 3. The Branch Manager, Bank of Baroda, Branch, Raipur (WKTT PETmON UNDER ARTICLE 226 OF THE CONSTTTUTION OFINDIA) (SB: Hon'ble Mr. Satish K. Aenihotri, J.) Shri P.R.Patahkar, Advocate for the petitioner. Shri S.S.Rajput, Advocate for the respondents. ORDERfORAL) (Passedon 06th day QfJiriy, 2009) 1. Heard leamed counsel appearmg for the parties. 2. The petitioner has preferred this writ petition on 24.04.2008 against the notice dated 03.04.2008 (Annexure P/9), issued by the respondent-Bank, under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the Act 2002'), for reeovery ofdues. . 3. Leamed eounsel appearing for the petitioner submits that the instant petition was fiISd on the ground that no Presiding OfBcer in Debts Recovery Tribunal (for short 'DRT') at JabalpuT was available tohearthe matter. 4. ThisCourt, as an mterimmeasure, stayedtherecoveryproceedingson 24.06.2008. 5. It is brought to the notice of this Court that vide notification dated 12.11.2008, Presiding Officer, Debts Recovery Tribunal, Luckhow, has •:1l-;:T'i^-t:""!tI;:' "-':iiN.' .^-Xl^i: •..J Gcwri been authorized to diseharge the fanctions ofPresiding Officer, Debts Recovery Tribunal, Jabalpur, in addition to his own charge, with immediate effect. 6. Leamed counsel appearing for the petitioner submits that as, now the Presiding OlEcer is available to hear the matters at Debts Recovery Tribunal, Jabalpur, this petition may be disposed ofwith liberty to the petitioner to file a statutory appeal for redressal''adjudication oftlie matter. 7. Having heard leamedeounsel appearing for the parties and keeping in view ofthe facts that statutory appeal is available under the provisions of Section 17 ofthe Act 2002, this petition is disposed ofreserving liberty to the petitioner to pursue the statutory remedy of filing an appeal before the DRT, Jabalpur, for proper • redressal/adjudication ofthe matter within a period often days from today. No order asto costs. 8. On the request of leamed counsel appearmg for the petitioner, the interim relief g-anted on 24.06.2008 shall contmue for 10 days from today to enable fhe petitioner to file an application/appeal before the DRT, Jabalpur. On filing the appeal by ihe petitioner, the DRT, Jabalpur, may consider the same in accordance with law, without being influenced by observations, ifany, made hereinabove. 9. Consequently, pending applications, ifany, also stand disposed of. Sd/- . , , SatishK.Agnihotri