Madhya Pradesh High Court
Rajendra Kumar Jain vs Hdfc Bank on 6 April, 2022
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
MP No. 1373 of 2021
(RAJENDRA KUMAR JAIN Vs HDFC BANK AND OTHERS)
Dated : 06-04-2022
Shri Sameer Anant Athawale, learned counsel for the petitioner.
Shri V.K.Jain, Senior Advocate with Shri Atul Kumar Gupta, Advocate for
the respondent No.1.
The petitioner has filed the present petition challenging the interlocutory order passed by the District Magistrate rejecting the application filed by him under Order 1 Rule 10 of the C.P.C. According to the petitioner he is tenant in the mortgaged property, therefore, his interest is liable to be protected.
This petition was entertained as there was no Presiding Officer in the DRT, but now the Presiding Officer has been appointed and the DRT is functioning. The petitioner can approach the DRT by filing securitization application against the interlocutory order as well as final order which has been passed during pendency of this petition.
Vide order dated 15.7.2021 this Court has directed not to take any coercive action against the petitioner. Since the said interim order is in force till date, therefore, the same shall remain in force for the next thirty days subject to filing of securitization application before the DRT, Jabalpur within a week from today. It is made clear that this Court has not expressed any opinion on the merits of the case and it is for the DRT to consider the case on its own merit.
With the aforesaid, this petition stands disposed of.
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
Alok
Digitally signed by ALOK GARGAV
Date: 2022.04.06 18:32:32 +05'30'