tv^ \: HIGH COURT OF CHriATTISGARH AT BILASPUR Writ Petition (Q No. 5716 of 2008 PETITIONERS : 1. Kishancharid Gwalam, S/o Late Bhagwan Das Gwalani, Aged about 54 years, R/o Mayapur, Behing Gumdwara, Ambikapur, Surguja, District Surguja (CG). 2. Neeraj Traders, througii: its Proprietor namely Smt. Anita Agrawal, W/o Sushil Kumar Agrawal, aged about 38 years, R/o Banaras Road, Ambikapur, District Surgiya (CG). VERSUS 1. Central Bank oflndia, Branch Namnakala, tlirough Braiich Manager, Central Bank of India, Naiimakala, Branch Anibikapur, District Surguja (CG). 2. Aufhorized Officer, Ceiitral Bank of India, Regioual OfFice, Aiabikapur, District Surguja (CG). 3. Debts Recovery Tribunal, through: its Registrar, Debts Recovery Tribunal, Jabalpur, H.No. 797-11, Shantikunj, South Civil Lines, Jabalpur, Madliya Pradesh. (WRIT PETITION UNDER ARTICLE 226/227 OF THE CONS'HTUTIQN OF INDIA) (SBi Hon'ble Mr. Satish K. Agniiiotri, J.) RESPONDENTS 'resesit Shri Manoj Paranjpe, Advocate for the petitioners. Slm P^ajendra Tripathi, Advocate forthe respondents. QBALORDER (Passed osi iP'^^fD^ember, 2008) 1. With the consent ofthe parties the matter is taken up for hearing finally. 2. The petitioners have preferred this writ petition on 13.10.2008 against the notice dated 15.09.2008 (Aimexure P/l), issued by the respondent Bank, under Section 13 (4) ofthe Sgcuritization and Reconstmction ofFinancial Assets and Enforcement of Security Interest Act, 2002 (for short "tlie Act 2002'), for recoveryofdues. 3. Leamed counsel appearing for the petitioners submits that the instant petition was filed on the ground that no Presiding OtBcer in Debts Recovery Tribunal (for short 'DRT') at Jabalpur was available to hear the matter. He further submits that the petitioners have already preferred an appeal (Aimexure P/12) ^-^•r~^&^^^&^,^^^^^^^^^ ::^A L^^._._ under Section 17 ofthe Debts Recovery Tribunal, Jabalpur (for short 'DRT, Jabalpur') against the recovery proceedings and the same is pending consideration. 4. This Court, as an interim measure, stayed fhe recovery proceedings on 15.10.2008. 5. It is broughtto the notice ofthis Courtthatvide notitlcation dated 12.11.2008 (Amiexure-A), Shri Narendra Kumai', Presiding Officer, Debts Recovery Tribunal, Lucknow, has been authorized to discharge the functions ofPresiding Officer, Debts Recovery Tribunal, Jabalpur, in additionto his own charge, with umiiediate effect. Leamed counsel appearing fbr the petitioners submits fhat since the petitioners have already prefen'ed an appeal and now the Presiding Oflicer is available to hear the matters at Debts Recovery Tribunal, Jabalpur, this petition may be disposed ofwith liberty to the petitioners to pursue the statutory remedy. 7. Having heard leamed counsel appearing for the parties aiid keeping in view of the facts that statutory appeal is available under the provisions of Section 17 of the Act 2002, and further that the petitioners have already filed an appeal, which is pending consideration before the DRT, Jabalpur, tliis petition is disposed of reser^ing liberty to the petitioners to pursue the pending appeal before the DRT, Jabalpur, for proper redressal/adjudicationof tlie matter. No order asto costs. ^. The interim relief granted on 15.10.2008 shall continue till the first date of hearing before the DRT, Jabalpur. Thereafter, the DRT, Jabalpur, may consider the application filed by the petitioners for interim relief, in accordance with , law, without being influenced by obsei-vations, ifany, made hereinabovc. 9. Consequently, pending applications, ifany, also stands disposed of Sd/- Satish K. Agnihotri Judge Iliakur ..^2i^^&sMM^^^