Madhya Pradesh High Court
Devi Ratangarh Institute Of Education ... vs Punjab National Bank The. on 24 January, 2022
Author: Rohit Arya
Bench: Rohit Arya
1 The High Court Of Madhya Pradesh WP No. 1826 of 2022 (DEVI RATANGARH INSTITUTE OF EDUCATION GWALIOR THR. Vs PUNJAB NATIONAL BANK THE.
AND OTHERS) Gwalior, Dated : 24-01-2022 Heard through Video Conferencing.
Shri Suresh Agrawal, Advocate for the petitioner .
Petitioner/debtor is before this Court taking exception to the proceedings initiated against him under the SARFAESI Act.
Learned counsel for the petitioner submits that 50% of the outstanding amount has been deposited, therefore, direction is sought to the Bank for deciding petitioner's application for payment of remaining amount in installments.
We are afraid that we cannot invoke Article 226 of the Constitution to countenance the prayer which is, primarily and essentially, in the realm of facts. Undisputedly, statutory appeal under section 17 of the SARFAESI Act is available to the petitioner before the DRT to address upon factual disputes and seek relief.
At this stage, learned counsel for the petitioner submits that DRT, Jabalpur is not functioning.
This Court, in cases of similarly situated petitioners, has taken a consistent view that they may approach DRAT for making over their case to functional DRT for expeditious consideration of their prayer. We see no reason to take a different view.
Accordingly, this writ petition is disposed of with following direction:-
In case petitioner approaches DRAT, Allahabad for making over his case before functional DRT, the DRAT shall be well advised to take prompt action and direct filing of appeal before a functional DRT.
(ROHIT ARYA) (SATISH KUMAR SHARMA)
JUDGE JUDGE
(and)
ANAND
SHRIVASTAVA
2022.01.25
12:24:15
+05'30'
2