Madhya Pradesh High Court
Rajesh Dholpure vs Idfc First Bank Authorized Officer Shri ... on 20 December, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 WP-28056-2021
The High Court Of Madhya Pradesh
WP No. 28056 of 2021
(RAJESH DHOLPURE Vs IDFC FIRST BANK AUTHORIZED OFFICER SHRI HARSHIT GUPTA AND
OTHERS)
Jabalpur, Dated : 20-12-2021
Shri Rajesh Dholpure, petitioner in person.
The petitioner has availed financial assistance from the respondent
No.1/Bank for construction of his house and mortgaged a plot measuring 2719.30 Sq.ft, part of Khasra No.41, Tiljamalpura, Bairagarh Road, Bhopal (M.P).
On account of non-payment, the respondent No.1/Bank had declared petitioner's account as NPA on 31.12.2018. On 19.09.2019, the District Magistrate had passed an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002 regarding physical possession of the mortgaged property. It is seen that against the said proceedings, the petitioner had approached the Debts Recovery Tribunal, Jabalpur under Section 17 (1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Interest Act, 2002 by filing the SA No.498/2021, however, on account of non-availability of the Presiding Officer, the said remedy is not efficacious and, therefore, till the Presiding Officer assumes the charge, he prays for protection.
This Court has been passing directions in various cases. One of such order has been passed on 13.12.2021 in W.P.No.23926/2021 (Shri Suresh Kumar Tiwari and other Vs. Central Bank of India and others) to ensure that on account of non-availability of the Presiding Officer of the DRT no prejudice is caused to either of the parties.
Without going into the merits of the case and taking into consideration the facts of the present case, we dispose of the present writ petition with the following directions:
(i) Without prejudice to any of the rights of the parties, the petitioner is directed to deposit 25% of the amount of Rs.45,39,949.98/- as on 20.02.2019
2 WP-28056-2021 with the respondent/bank within a period of 30 days from today, subject to further orders that may be passed by the Debts Recovery Tribunal, Jabalpur. 50% of the aforesaid 25% amount be deposited within a period of 1st fortnight.
(ii) The DRT is directed to take-up the pending S.A. No.498/2021 as soon as it becomes functional for consideration of interim relief and take a decision in accordance with law as expeditiously as possible.
(iii) Till the prayer for interim relief in the said S.A. is decided by the DRT, no coercive action be taken against the petitioners subject to compliance of direction No.(i) as above.
( iv ) The petitioner is directed to communicate this order to the Registrar, DRT, Jabalpur within seven working days from today.
(v) If there is excessive delay at any stage of the proceedings including in the appointment of Presiding Officer of DRT, Jabalpur parties are free to approach this Court.
(vi) It is made clear that this Court has not expressed any opinion of the merits of the case.
The writ petition is disposed off with the aforesaid directions. C.C. as per rules.
(SHEEL NAGU) (PURUSHAINDRA KUMAR KAURAV)
JUDGE JUDGE
MKL
MANOJ Digitally signed by MANOJ KUMAR LALWANI
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH,
ou=HIGH COURT OF MADHYA PRADESH,
postalCode=482001, st=Madhya Pradesh,
KUMAR
2.5.4.20=ad36bd0a68daf2238756985812b125262 81ad9d6703a41595304a2e8195ef028, pseudonym=3050F1D083ED3727ADE7D79B55E8 D2D9ECCF44E5, serialNumber=8C3E535065CECE45851C1EF8F4C LALWANI 941F5F7BBEFDAF1B1EDF887C4DEDED3DA0AA3, cn=MANOJ KUMAR LALWANI Date: 2021.12.22 12:28:16 +05'30'