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Madhya Pradesh High Court

M/S Aroprint Global Pvt. Ltd. Through ... vs The State Of Madhya Pradesh on 2 January, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                               1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                                HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                               ON THE 2 nd OF JANUARY, 2024
                                                WRIT PETITION No. 11 of 2024

                          BETWEEN:-
                          M/S AROPRINT GLOBAL PVT. LTD. THROUGH ITS
                          DIRECTOR VEDANT ARORA S/O YOGESH ARORA PLOT
                          NO. S-4/4, INDUSTRIAL GROWTH CENTER, SECTOR-I,
                          PITHAMPUR LINK ROAD, TEHSIL PITHAMPUR, DHAR
                          (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (SHRI VEER KUMAR JAIN , SR. ADVOCATE WITH SHRI ASHUTOSH
                          NIMGAONKAR FOR PETITIONER)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                DISTRICT  MAGISTRATE  DHAR   (MADHYA
                                PRADESH)

                          2.    AUTHORIZED OFFICER CUM CHIEF MANAGER
                                ICICI BANK ADD: ICICI BANK TOWER BANDRA
                                KURLA COMPLEX MUMBAI (MAHARASHTRA)

                          3.    TEHSILDAR COLLECTORATE BRANCH PRAKASH
                                NAGAR DHAR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          ( SHRI ANIKET NAIK,            DY.       ADVOCATE   GENERAL       FOR   THE
                          RESPONDENT/STATE).

                                This petition coming on for admission this day, Justice Sushrut Arvind
                          Dharmadhikari passed the following:
                                                               ORDER

The instant writ petition has been filed by the petitioner under Article Signature Not Verified 226/227 of the Constitution of India seeking the following reliefs:-

"a.To direct the respondent no.2 to keep in abeyance any execution of the order passed by the Ld. District Magistrate, Indore under Section 14 of the Act, 2002. b . Quash and set aside "Order passed Ld. District Magistrate in case No. 0161/B-121/2023-24 under Section 14 of the Act, 2002 dated 21.09.2023. c. To grant stay on any coercive action being taken by the respondent bank in pursuance of the order issued by the Ld. District Magistrate, Indore under Section 14 of the Act, 2002 till the time the petition approaches the Hon'ble DRT, Jabalpur which at present is non-functioning. d . Alternatively grant breathing time to the petitioner to obtain ad-interim protection in Securitization Application under Section 17 of the Act, 2002 before the Hon'ble DRT Jabalpur against the impugned order.

e . To direct the Ld. DRT, Jabalpur to take the Securitization Application filed by the petitioner on priority and dispose the same expeditiously. f. Any other relief(s), which this Hon'ble Court may deem fit to be granted to the Petitioner under the facts and circumstances of the present case"

2 . T he grievance of the petitioner is that it has already preferred an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (referred to as "SARFAESI Act" hereinafter) before the Debt Recovery Tribunal, Jabalpur (referred to as "DRT" hereinafter). However, on account of the Presiding Officer of the D.R.T. being on leave, hearing of the S.A. No. 873/2023 could not take place and petitioner apprehends dispossession from the property in question. Hence, this petition has been filed.

3. Learned counsel for the petitioner submitted that petitioner has already availed the efficacious remedy by filing application u/S 17 of the SARFAESI Act vide S.A. No. 873/2023 which is pending adjudication due to non-

availability of the Presiding Officer. Petitioner is now apprehending execution of the order passed by the District Magistrate u/S 14 of the SARFAESI Act which would lead to dispossession of petitioner from the property in question. Hence, present petition is filed with the limited prayer for interim protection till effective hearing of Securitization Application by the DRT, Jabalpur.

4. Learned counsel for the respondent/State has no objection.

5. Heard, learned counsel for both the parties and perused the record.

6. On due consideration, in view of aforesaid circumstances, without adverting to the merits of the matter, it is directed that the status-quo shall be maintained by the respondents till the petitioner's interim application in S.A. No. 873/2023 is decided by the DRT, Jabalpur.

7. It is made clear that this Court has not reflected upon the merits of the case, and the DRT, Jabalpur shall decide the matter on its own merits without being influenced by this order.

                               (S. A. DHARMADHIKARI)                            (DEVNARAYAN MISHRA)
                                        JUDGE                                          JUDGE
                          sh




Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 1/2/2024
5:38:29 PM