;!^S3S??.-^ •t 8i HIGH COURT OF CHHATTISGARH AT Writ Petition (C) No. 5474 of; vETITIONER RESPONDENTS ItM Rama Shankai- Tripathi S/'o Shri J.P. Tripathi, aged about 30 years, R;'o DNK Colony Kondagaon, Bastar Chhattisgarh. VERSUS 1. State Bank oflndia througli the Authorised QflBcer State Bank of India SARC Divisional QfHce Raipur Chhattisgarh. 2. Branch Manager State Bank of India Phaphadih Branch Raipur Chhattisgarh. (WMT PETmON UNDER ARTICLE 226/227 OF THE CONSTTTUTION OFINDIA) fSB: Hon'ble Mr. Satisfa K. Asnihotri. J.) Shri AV. Shridhar, Advocate forthe petitioner. Shri Sanjay K. Agrawal, Advocate forthe respondent No. 1 & 2. Shri Abhishek Smha, Advocate fortheUnion oflndia. ORAL ORUER (Passed on 18 day ofNovember, 2008) 1. With the consent ofthe parties the matter is taken up fbr hearing finally. 2. The petitioner has preferred this writ petition on 25.9.2008 against the notice dated 2.9.2008 (Annexure P/l), issued by the respondent Bank, under Section 13 (4) of the Securitization and Reconstruction of Financial Assets and Enibrcement of Security Literest Act, 2002 (for short "the Act 2002'), fbr recovery ofdues. 3. Leamed counsel appearing for tfae petitioner submits that the instant petition was filed on the ground that no Presiding Qfficer in Debts Recovery Tribunal (for short 'DRT') at JabaSpur was availabie to hear the matter. 4. Leamed counsel appearing for fhe respondents submits that the petitioner has ah-eady preferred an appeal (Annexure R-l/D) under Section 17 ofthe Debts Recovery Tribunal, Jabalpur (for short 'DRT, Jabalpur') agqinst the notice dated 19.1.2005 and the same is pending consideration. 5. This Court, as an interim measure, stayed the recovery proceedings on 29.9.Z008. 'lil, :r:"^:::J"- 7. 9. It is brought to the notice offhis Court that vide notification dated 12.11.2008 (Annexure-A), Shri Narendra Kumar, Presidiiig Officer, Debts Recovery Tribunal, Lucknow, has been authorized to discharge the fiinctions ofPresidini Officer, Debts Recovery Tribunal, Jabalpur, in addition to his owii charge, with immediate effecl. Leanied counsel appearing for the petitioner submits that sinee the petitioner has abeady preferred an appeal and now the Presiding Qfficer is available to hear the matters at Debts Recovery Tribunal, Jabalpur, this petition may be disposed ofwith liberty to the petitioner to pursue the statutory remedy. Having heard leamed counsel appearing for the paities and keeping in view of the facts that statutory appeal is available under the provisions ofSection 17 of the Act 2002, and fiirther that the petitioner has ah-eady filed an appeal, which is pending consideration before the DRT, Jabalpur, this petition is disposed of reserving liberty to Ihe petitioner to pursue the pending appeal before the DRT, Jabalpur, for proper redressal/adjudication ofthe matter. No order asto costs. The interim relief granted on 29.9.2008 shall continue till the first date of hearing befbre the DRT, Jabalpur. Thereafter, the DRT, Jabalpur, may consider fhe application filed bythe petitioner for mterim relief, in accordance with law, without being influenced by observations, ifany, made hereinabove. Sd/- Satish K. Agnihotri Sahu .'y-