mCH COURT OF CHHATTISGARH AT BILASTOR Writ Petlton (O No. 5164 of2008 PETITIONERS : 1. M/s J.P. Trading Co. Propietor, Jaspakmgji Tuteja, S/o Shri Ramsingii Tuteja, aged 40 years, resident of Korba Distt. Korba (CG). 2. Jaspal Singh Tuteja, S/o Shri Ram Sing^i Tuteja, ft-oprietor wflfa M/s J.P. Trading Co. 14, Sp<at Complex, T.P. Nagar, Korba, Distt. Korba(CG). 3. Agya Kaur Tuteja, Wd/o Shri Ram Singh Tuteja, R/o Korba, Distt. Koiba (CG). 4. Jagdit Singh Tuteja, aged 3^ years, S/o Shri Ram Singh Tuteja, R/o T.P. Na^r, Korba, Distt. Kwha (CG). 5. Vikky Singfa aged 28 years, S/o Shri Ram Singb Tuteja resident ofKorba Distt. Korba (CG). VERSUS RESPONDENTS : 1. Union Bank oflndia, Regiond Qffice, 1st Floor Mahavir Goushala, K. K. Road, Maudhapara, Raipur Distt. Raipur(CG). 2. The Autfaorised ofGcer for the Union Baak of India, Regional QfBce, Mahavir Goushala, K. K. Road, Maudhapara, Raipur Distt. Raipur (CO). 3. The Branch Manager, Korba Braneh, Union Bank of India, Transport Nagar, KoAa, Distt. Korba (CG). 4. Mr. R.B. Bidwai, Regional Qfficer, Union Bank of India, Raipur, Distt. Raipur (CG). 5. Mr. Faruq Khan, Qfficer, Regianal QBBce, Union Bank oflndia, Raipur Distt. Raipur (CG). (WSTT PETmON UNDER ARTICLE 226 OF THE CONSTTTU'nON OF INDIA) CSB: Hon'Ue Mr. Sateh K. Asnflwtri. J.) Present : Shri J.R. Verma, Advocate for the petitioners. Shri Abhijeet C. Thakur with Shri Varunendra Mishra, Advocate for the respondents. ORALORDER (Passed on 15"' day of September,200^ 1. With the consent ofthe parties, the matter is tAen up for hearing finally. 2. By this petition, tiie petitioners impugp the notice dated 11-8-2008 (Annexure-P/1) issued by the Union Bank oflndia whereby it was infomied to the petitioners that ofiBeials and representatives ofthe Bank shall take or cause for taking possession of the secured assets wherever it may be sitoated/stored on 17-9-2008 between 11.30 a.m. to 4.00 p.m. In Ifae inyugned notice there is a reference to demand notice dated 27-5-2008 issued under Section 13 of the Securitisation and Reconstruction of '^. '^ ^ !v °^^/ Financial Assets and Enforcement of Security Interest Act, 2002 {for shart Ihe Act, 2002'), calling upon the petitioners to discharge a sum of Rs.16,71,000/- with interest. The petitioners have failed to discharge liability even after expiry of60 days notice period. It appears that fhe petitfoners have not myugned the earlier notice dated 27-5-2008. The enforcement of secured mterest is covered under the provisions ofSections 13 & 17 ofthe Act, 2002. There is a proper safeguard and mechanism provided for redressal of grievances. This is not a ease where this Court should exercise its extraordinary jurisdictioa vmdec Aiticle 226 ofthe Constitution oflndia. Thus, without going into the ments ofthe case, interference is deelined. In view ofthe foregoing, ttie petition is dismissed, as not maintainable, atthe admission stage itself. Consequently, I.A.Nos. 1 & 2 stand disposed of However, having regard to the facts situation of the case, as the date of taking over possession ofthe secured assets is on 17-9-2008, it may not be possible for the petitioners to approach any appropriate statutory forum in one day. Thus, it is expedient in the interest ofjustice that no eoercive steps shall be taken against the petitioners for a period of one week i.e. on or before 22Bd September, 2008. 6. Certified copy today, as per rules. Gowri Sd/- SafehlCAgnJhotri <irudge