Chattisgarh High Court
M/S Saini Industries Ltd vs The Union Of India on 14 July, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPC No. 2833 of 2021
M/s Saini Industries Ltd & Others Versus Union of India & Others
14/07/2021 Shri Satish Agrawal with Shri Ankit Singhal,
counsel for the petitioner.
Shri Ramakant Mishra, learned ASG for
respondent No.1/Union of India.
Heard.
Learned counsel for the petitioners would submit that the subject notification assigning additional charge of the Presiding Officer of the DRT, Jabalpur to the Presiding Officer, DRT, Lucknow is ultra vires the provisions of Section 4 (2)(a) of the Recovery of Debts and Bankruptcy Act, 1993, introduced by the Act No.44 of 2016) {The Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016}, inasmuch as under the said provision the additional charge of the Presiding Officer can be handed over to the Presiding Officer of any other Tribunal established under any other law and not to the Presiding Officer of another DRT, which is outside the State or outside the jurisdiction of the original DRT. He would refer to the Division Bench judgment of the Kerala High Court in the matter of M/s Kerala Fashion Jewellery & Others Vs. the Union of India & Others in Writ Appeal No.384/2021 whereby and whereunder the 2 subject notification has been set aside in respect of DRT-II Ernakulam Bench, the charge of which was handed over to the Presiding Officer, DRT-II, Bangalore.
Issue notice to the respondents as per rules. Shri RK Mishra, learned ASG would accept notice for respondent No.1.
Process fee be paid for service of notice on respondent No.4 & 5.
Notice is not required to be issued to respondents No.2 & 3.
Post the matter in the week commencing on 9.8.2021.
In the meanwhile, final order shall not be passed in SA No.188/2012, till the next date of hearing.
Sd/- Sd/-
(Prashant Kumar Mishra) (Rajani Dubey)
Acting Chief Justice Judge
Barve