Madhya Pradesh High Court
M/S Sumit Traders vs The Debts Recovery Tribunal Drt M.P. And ... on 8 April, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-JBP:27501
1 WP-11848-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
ON THE 8 th OF APRIL, 2026
WRIT PETITION No. 11848 of 2026
M/S SUMIT TRADERS
Versus
THE DEBTS RECOVERY TRIBUNAL DRT M.P. AND C.G. AND
OTHERS
Appearance:
Shri Ram Sharan Rathore - Advocate for the petitioner.
Shri Kapil Duggal - Advocate for the respondent on advance notice.
Shri Ritwik Parashar - Government Advocate for the respondent/State.
ORDER
Per: Justice Vivek Rusia The petitioner is challenging the impugned order dated 30.01.2026 (Annexure P/1), passed by the learned Debts Recovery Tribunal, M.P. & C.G., whereby the interim protection over the possession of the only house of the petitioner has been vacated due to the non-appearance of the counsel for the petitioner. The petitioner declares that a Securitisation Application No.173/2024 has already been filed and is still pending for adjudication before the learned Debts Recovery Tribunal, Jabalpur, but due to non- availability of the regular Bench of Debts Recovery Tribunal, Jabalpur, the application for interim relief is not going to be considered and the Signature Not Verified Signed by: SHRUTI JHA Signing time: 10-04- 2026 17:34:59 NEUTRAL CITATION NO. 2026:MPHC-JBP:27501 2 WP-11848-2026 respondents No. 2 & 3 are going to take possession of the house of the petitioner. The petitioner has no other recourse but to approach this Hon'ble High Court for interim protection.
2. Shri Kapil Duggal, appearing on behalf of the respondent on advance notice, submits that a similar situation came up before this Court in the year 2021, due to the nonavailability of the Presiding Officer in the Debt Recovery Tribunal, various writ petitions were filed before this Court. In one of the writ petitions, W.P. No.25138/2021 (M/s Divyadeep Sugar and Industries Pvt. Ltd. and Others Vs. India Bank and Others), this Court vide order dated 23.11.2021 had issued certain directions to be followed by the borrower as well as by the Bank/Financial Institutions. Hence this writ petition may be disposed of by issuing similer directions.
3. In pending S.A. No.173/2024, status quo was granted on 22.01.2025, and the stay application is still pending for consideration on merits. Vide order dated 30.01.2026 (Annexure P/1), the status quo has been vacated. The Debts Recovery Tribunal (DRT) is required to consider the stay application; however, at present, there is no Presiding Officer posted in the DRT.
4. In view of the above, we hereby dispose of the present writ petition with the following directions:-
(i) Without prejudice to any of the rights of the parties, the petitioners are directed to deposit 20% of the amount due as on date with the respondent no. 2&3 within a period of 30 days from today, subject to further orders that may be passed by the Debts Recovery Tribunal, Jabalpur. 50% Signature Not Verified Signed by: SHRUTI JHA Signing time: 10-04- 2026 17:34:59 NEUTRAL CITATION NO. 2026:MPHC-JBP:27501 3 WP-11848-2026 of the aforesaid 20% amount be deposited within a period of 1st fortnight.
(ii) The DRT is directed to take up the S.A. No.173/2024 as soon as it becomes functional for consideration of interim relief and take a decision in accordance with law as expeditiously as possible.
(iii) Till the prayer for interim relief in the said S.A. is decided by the DRT, no coercive action be taken against the petitioners, subject to compliance with direction No.1 as above.
(iv) The petitioners are directed to communicate this order to the Registrar, DRT, Jabalpur, within seven working days from today.
(v) If there is excessive delay at any stage of the proceedings, including in the non-appointment of the Presiding Officer in the Debt Recovery Tribunal, Jabalpur or any other DRTs, who is not given Additional Charge, parties shall be at liberty to approach this Court.
(vi) It is made clear that this Court has not expressed any opinion on the merits of the case.
5. The writ petition is disposed of with the aforesaid directions.
6. C.C., as per rules.
(VIVEK RUSIA) (PRADEEP MITTAL)
JUDGE JUDGE
Shivani
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 10-04-
2026 17:34:59