Chattisgarh High Court
Lal Chand Umar Vaishy vs Tata Capital Financial Services Ltd on 2 March, 2022
Author: P. Sam Koshy
Bench: P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 688 of 2022
1. Lal Chand Umar Vaishy S/o Late Chhedilal Umar Vaishy, Aged About
44 Years, R/o 194, Ward No. 26, Camp-2, Fal Mandi, Surya Nagar,
Bhilai, District Durg, Chhattisgarh.
2. Smt. Chaya Devi Umar Vaishy W/o Lal Chand Umar Vaishy, Aged
About 41 Years, R/o 194, Ward No. 26 Camp-2, Fal Mandi, Suriya
Nagar, Bhilai, District Durg, Chhattisgarh,
3. Gulab Chand Umar Vaishy S/o Late Chhedilal Umar Vaishy Aged
About 47 Years, R/o 194, Ward No. 26 Camp-2, Fal Mandi, Suriya
Nagar, Bhilai, District Durg, Chhattisgarh,
4. Kapoor Chand Umar Vaishy S/o Late Chhedilal Umar Vaishy, Aged
About 39 Years, R/o 194, Ward No. 26 Camp-2, Fal Mandi, Suriya
Nagar, Bhilai, District Durg, Chhattisgarh,
---- Petitioners
Versus
1. Tata Capital Financial Services Ltd. Branch Office 1st Floor, Pujari
Chambers, Pachpedi Naka, NH43, Tikrapara, Raipur, 492001
Chhattisgarh.
2. Tehsildar, Bhilai Nagar, Durg, District Durg, Chhattisgarh.
---- Respondents
For Petitioner : Mr. B. P. Singh, Advocate For Respondent no.1 : Mr. Devershi Thakur, Advocate For State/R-2 : Mr. Aditya Bhardwaj, P.L. Hon'ble Shri Justice P. Sam Koshy Order On Board 02.03.2022
1. The challenge in the present writ petition is to the proceedings initiated by the respondent under the SARFAESI Act.
2. The writ petition was entertained by this Court only on the ground that 2 the DRT, Jabalpur having jurisdiction over the issue was not functional on account of not having a regular Presiding Officer. This Court on 4th of February, 2022 had passed an interim order directing the petitioner to deposit an amount of rupees 75 lakhs within a period of 15 days and upon such deposit being made, the shop which was sealed by the respondents would be reopened and the further auction proceedings would not be finalized. Meanwhile, the DRT, Jabalpur has now become functional as the Presiding Officer has already assumed charge on 22.02.2022 and since then the DRT, Jabalpur is functioning regularly.
3. In view of the same, the writ petition henceforth would not be maintainable before this Court, more particularly for the reason that the respondent being a private financial institution.
4. Given the said facts, the writ petition as of now stands disposed of directing the petitioners to approach the DRT, Jabalpur where their application is still pending consideration. The interim protection granted by this Court stands further extended up till 15 th of March, 2022.
5. Meanwhile, the petitioners would have to pursue their remedy before the DRT, Jabalpur for further proceedings in the matter ventilating their grievances.
6. The writ petition accordingly stands disposed of.
Sd/-
(P. Sam Koshy) Judge Khatai