Chattisgarh High Court
Shri B Laxmi Narayan vs Bank Of India on 22 June, 2022
Author: P. Sam Koshy
Bench: P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 521 of 2022
Shri B Laxmi Narayan S/o Late Shri Ramanna Baipalli Aged About 46
Years Proprietor Of M/s Laxmi Marketing R/o-Quarter No. 11-A, Street No.
32, Sector-4, Bhilai, District- Durg, Chhattisgarh, District : Durg,
Chhattisgarh
---- Petitioner
Versus
1. Bank Of India Through Its Authorised Officer, Regional Office, G.D. Shesh
Nilayam, Tatyapara Chowk, Kankalipara Road, Raipur, Chhattisgarh,
District : Raipur, Chhattisgarh
2. Bank Of India Through Its Authorised Officer Branch Office- Plot No. 6,
Civic Center, Bhilai, District- Durg, Chhattisgarh, District : Durg,
Chhattisgarh
3. Collector, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
4. Collector, District- Durg, Chhattisgarh, District : Durg, Chhattisgarh
---- Respondent
The Petitioner in person : Mr. B. Laxmi Narayan
For Respondents No. 1 & 2 : Mr. Anand Shukla, Advocate
For Respondents No. 3 & 4 ; Ms. Priyamvada Singh, Deputy G.A.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
22/06/2022
1. The instant writ petition was filed seeking for an intervention of this Court against the auction proceeding initiated by the respondents No.1 & 2/Bank pursuant to a SARFAESI proceedings initiated.
2. The present writ petition was filed before this Court when the Debts Recovery Tribunal (DRT), Bench Jabalpur was not functional for want of a regular Presiding Officer. That, since large number of litigants before the DRT was facing coercive measures by the financial institutions, the Hon'ble Supreme Court vide its order dated 06.12.2021 passed in the case of 'State Bar Council of Madhya Pradesh v. Union of India' vide 2 Special Leave Petition (C) No. 10911 of 2021 permitted the High Courts to entertain the writ petitions during the period when the DRTs and DRATs were not functional. This Court entertained the writ petition on 24.01.2022 and granted an interim protection also so far as the auction proceeding is concerned subject to the condition that the petitioner shall deposit an amount of Rs. 45 lakhs within a period of 45 days.
3. Down the line the Central Government thereafter have appointed regular Presiding Officers for all the DRTs including the DRT Bench Jabalpur and the Bench Jabalpur has now become functional since 22.02.2022. It has also been brought to the notice of this Court that subsequent to the regular Presiding Officer assuming the charge at Bench Jabalpur of the DRT, the proceedings in the case of the petitioner in Securitisation Application No. 418/2021 has also commenced and interim application also stands decided on 30.05.2022.
4. Given the fact that the DRT has now become functional and has also taken up the case of the petitioner herein, this Court would no longer have the jurisdiction to entertain the writ petition any further. The recourse available to the petitioner would be to pursue his Securitisation Application before the DRT and if he is still aggrieved of any order passed by the Tribunal, the petitioner would have the liberty to assail the same before the Appellate Tribunal, which too has become functional.
5. With the aforesaid observation the present writ petition in its present form stands disposed of reserving the right of the petitioner to approach the DRT Bench Jabalpur for further ventilating his grievance.
Sd/-
(P. Sam Koshy) Judge Ved