Chattisgarh High Court
Gauhar Ali vs State Of Chhattisgarh on 2 March, 2022
Author: P. Sam Koshy
Bench: P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4379 of 2021
1. Gauhar Ali S/o Kurban Ali, Aged About 55 Years R/o. Momin Para, Handi
Para, Behind Haidery Masjid, Raipur Chhattisgarh. Bombay Footwear
Through Its Proprietor Gauhar Ali, Having Address At Ramdev Market,
Malviya Road, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
2. Samsunissa W/o Gauhar Ali, Aged About 50 Years R/o. Momin Para, Handi
Para, Behind Haidery Masjid, Raipur Chhattisgarh. Bombay Footwear
Through Its Proprietor Gauhar Ali, Having Address At Ramdev Market,
Malviya Road, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
3. Anwar Ali, S/o Kurban Ali, Aged About 53 Years R/o. Momin Para, Handi
Para, Behind Haidery Masjid, Raipur Chhattisgarh. Bombay Footwear
Through Its Proprietor Gauhar Ali, Having Address At Ramdev Market,
Malviya Road, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
4. Daulat Bano W/o Anwar Ali, Aged About 48 Years R/o. Momin Para, Handi
Para, Behind Haidery Masjid, Raipur Chhattisgarh. Bombay Footwear
Through Its Proprietor Gauhar Ali, Having Address At Ramdev Market,
Malviya Road, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Collector Raipur, District Raipur
Chhattisgarh, District : Raipur, Chhattisgarh
2. Cholamandlam Investment And Finance Company Limited Through Its
Authorized Officer, Having Office At Branch Office, 506-509, Fifth Floor,
National Corporate Park, Infront Of Anupam Garden, G.E. Road, Raipur
Chhattisgarh, District : Raipur, Chhattisgarh
. ---- Respondents
For Petitioner : Shri Shishir Dixit, Advocate. For Respondent No.2 : Shri Devershi Thakur, Advocate. h For Hon'ble Shri Justice P. Sam Koshy Order on Board 02/03/2022
1. The challenge in the present writ petition is to proceedings under Section 14 of the SARFAESI Act drawn by the respondent no.1.
2. The matter was entertained by this Court on account of the forum having jurisdiction to hear the matter i.e. the DRT Jabalpur being not 2 functional on account of the post of a Presiding Officer lying vacant. Recently, the Presiding Officer of DRT Jabalpur has been appointed and he has also assumed charge from 22.02.2022 and the DRT Jabalpur has since become functional.
3. In view of the fact that the DRT Jabalpur has now become functional, the present writ petition now would not be required to be adjudicated upon by this Court any further.
4. Perusal of records would show that the petitioner however has till date not gone to DRT Jabalpur by moving an appropriate Securitization Application.
5. In view of the same, the present writ petition as of now stands disposed of with the interim order earlier granted by this Court on 22.11.2021 for the further period of further 15 days. Meanwhile, the petitioner should, if he so wants, approach the concerned DRT i.e. the DRT Jabalpur and try to ventilate his grievance.
6. The present writ petition accordingly stands disposed of with the aforesaid interim order to be operational for further period for 15 days.
Sd/-
(P. Sam Koshy) Judge Jyoti