Madhya Pradesh High Court
M/S Suresh Kumar And Brothers Thr. vs The State Of Madhya Pradesh on 20 January, 2022
Author: Rohit Arya
Bench: Rohit Arya
1
The High Court Of Madhya Pradesh
WP No. 27501 of 2021
(M/S SURESH KUMAR AND BROTHERS THR. Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, Dated : 20-01-2022
Heard through Video Conferencing.
Shri Sanjay Kumar Bahirani, learned counsel for the petitioner.
Shri D.D. Bansal, learned Government Advocate for the
respondents/State.
The petitioner, a debtor, is before this Court taking exception to the proceedings initiated under Section 13 of the SARFAESI Act.
During pendency of petition, it appears that the Collector has invoked his jurisdiction under Section 14 of the Act taking possession of the mortgaged property. By way of amendment through I.A. No.15394/2021, the petitioner seeks to amend the petition challenging the said order. This Court has consistently been of the view that once the proceeding under SARFAESI Act has been initiated, the remedy of appeal is the alternative expeditious efficacious in nature as provided for under Section 17 of the SARFAESI Act and therefore, the petitioners in such matters have been directed to avail the remedy of appeal.
Learned counsel submits that DRT, Jabalpur is not functioning. In similar cases, this Court has directed the petitioners to approach Debts Recovery Appellate Tribunal (DRAT), Allahabad, for making over the case to the functional DRT. This Court sees no reason to take a different view. Accordingly, the Writ Petition is disposed of with the following directions:
In the event, the petitioner submits an order passed today before the Debts Recovery Appellate Tribunal (DRAT), Allahabad, the Chairman/Presiding Officer of the DRAT shall make over the pending case in the DRT Jabalpur for hearing before functional DRT immediately.
With the aforesaid direction, the Writ Petition stands disposed of.2
(ROHIT ARYA) (RAJEEV KUMAR SHRIVASTAVA)
JUDGE JUDGE
shanu*
Digitally signed by
SHANU RAIKWAR
Date: 2022.01.21
10:40:19 -08'00'