Madhya Pradesh High Court
Veerendra Sahu vs Bank Of Baroda on 2 February, 2022
Author: Sheel Nagu
Bench: Sheel Nagu
1
The High Court Of Madhya Pradesh
WP No. 2644 of 2022
(VEERENDRA SAHU AND OTHERS Vs BANK OF BARODA AND OTHERS)
Jabalpur, Dated : 02-02-2022
Heard through Video Conferencing.
Shri Akash Choudhary, learned counsel for the petitioners.
Shri Siddharth Gupta, learned counsel appearing on advance notice on
behalf of the respondent/Bank seeks and is granted short adjournment to file
reply if so advised.
Learned counsel for petitioner submits that pursuant to the order passed u/S.14 of SARFAESI Act by the District Magistrate, Bhopal, the petitioner has approached DRT in S.A. No.1677/2020, in which initially an interim order was passed on 19.03.2021 vide Annexure P/9, but later on account of non functionality of Tribunal, the matter remained in suspended animation.
It is submitted by learned counsel for petitioner by referring to Annexure P/12 that notice has again been issued by Tehsildar-cum-Executive Magistrate relying upon earlier order dated 27.8.2020 which is under challenge in S.A. No.1677/2020 seeking assistance of police to ensure dispossession of the petitioner latest by 02.02.2022 i.e. today.
Till the next date of hearing, respondents are restrained from taking any coercive steps against the petitioner as regards secured asset in question.
List the case in week commencing 14.02.2022 for the respondent/Bank to respond not only on merits of the matter; but also on the question as to whether the case can be disposed of awaiting the DRT becoming functional.
(SHEEL NAGU) (SUNITA YADAV)
JUDGE JUDGE
Sateesh
Signature Not Verified
SAN
Digitally signed by SATEESH KUMAR
SEN
Date: 2022.02.04 10:16:28 IST