COURT OF Wrif Petition (0 No. 763 of 2608 Petitloner • Mohammad Sami; aged about 61 years, S/o. Hafiz Abdui Jabbar, R/o. H.i.G. 25, Padmanavpur,.Durg (CG). Versus. Resoondents Union of indla, through Assistant Regiona! Managsr, Unlon Bank of Jndla, Sst Floor, Mahavir Goushaia, K.K, Road, Maudhapara, (CG). 2. Branch IVianager, Unlon Bank ot' India, Branch, Durg (CG). (Writ Petitlon under Artlcfe 226 of Constltution of indla) SB: Hon'bie Mr. K. Agnihotri, J. Present: Mr. V.V.S. 'Murthy, Sr. Advocate with Shrivastava, Advocate forthe petitloner. Rajeev Mr. Abhljeet C, Thakur with Vr. Varunendra Mishra,. counsei for the respondents. ORAL . (Passed on thls'3rd day of December Wlth the consent of th'e parties, .the matter is taken up for hearina finajiv. 2) By this petltion, the .petitloner impugns the notice dated 31-5-2007 (Annexure-P/10) Issued by the Authorized Officer, Union Bank of India. .In the Jmpugned notice there is a ret'erence to demand notice dated 2-2-2007 issued under Section 13 of the Securltisatlon and Reconstructjon of Financiai Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act, 2002), calfing upon the petitSoner to repay a sum ot' Rs.5,16,794/- with interest. The petitioner has faiied to discharge jjabliity even afler expsry of 60 days notlce period. 3) It abpears that the petitloner has not impugned the earlier notice dated '2-2-2007. The enforcement of secured interest is covered under the provislons of Sections 13 & 17 of the Act, There is a -2-- proper safeguard and mechanism provicied for redressai of grievances. Thls is not. a-case v^here this Court shouid exercise its extraordinary jurisdiction under ArticSe 226 of the Constitutlon of jndia. Thus, without going into the merits of the case, interference Is deciined. 4) Learned counsei appearlng for the petltioner submits that the Instant petltion v^as filed on the ground that no Presiding Officer in Debts Recovery TribunaS (for short 'ORT') at Jabalpr was avaiiabie to hear the matter. ' 5) This Court, as an interim measure stayed the notice invlting offer for sale of immovable properties on 27.3.2008. 6) It is brought to the notice ofthis Court that vide notification dated 12.11.2008 Shri Narendra Kumar, Presidina.Officer; Debts Recovery Tribunal, Lucknovv, has been authorized to discharge the. functions of Presidlna Officer; Debts Recovery TribunaS, Jabafpur, in addition to his ov^n charge, 'wlth Immediate effect. 7) Learned counsei appearing for the petitioner submits that as; nov^ the Presiding Offlcer js avaitabie to hear the matters at Debts Recovery TribunaS, Jabaipur, this petition rnay be disposed of with iiberty to the petitloner to fiie a statutory appeal for redressai/adjudication of the matter. 8) Learned counsel appearing for the petitioner submlts that the petltioner has deposited a sum of Rs.2,00,000./'- (Two Lacs) to enabie settiement in the dispute. Be that as it may, the petltioner may take up this issue before the Tribunal for appropriate reiief. 9) Having heard Searned counseS appearing for the parties and keeplng in view of the facts that statutory appeal is availabJe under the provlsions of Section 17 of the Act, 2002, this petition is dlsposed of, reserving iiberty to the petltloner to pursue the statutory remedy of fillng an appeai before the DRT, Jabalpur, for proper redressai/adjudication of the matter withln a period of ten days from today. No order asto costs. 10) if the statutory appeai is fjied by the petltioner wlthin ten days, the interim rellef granted on 27.3.2008 shaii continue til! the flrst ^s-T^ 1 i ^.. of hearing before the DRT, Jabalpur. Thereafter, the DRT, Jabalpur, may consider the application filed by the petltiQner for interim reiief, in accordance. v</ith. .law, without being Inflyenced by observations, If any, made herelnabove. Cerlified copy, as per rules. F Sd/- Satish K. Agnihotri Judge Thakur