Chattisgarh High Court
M/S G T Homes vs Central Bank Of India on 2 March, 2022
Author: P. Sam Koshy
Bench: P. Sam Koshy
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 690 of 2022
1. M/s G T Homes A Registered Partnership Firm, Through Its Partner Shri
Gurjeet Singh Rajpal, Having Office At Gt Shopping Complex, Near Avanti
Bai Chowk, Vidhan Sabha Marg, Raipur, 492007, Chhatisgsrh
2. Shri Gajendra Singh Rajpal, S/o Shri Kartar Singh Rajpal Aged About 69
Years 607/608, Grand Tower, Gt Exotica, Opposite Tv Tower, Shnkar
Nagar, Raipur, 492001, Chhattisgarh.
3. Shri Gurjeet Singh Rajpal, S/o Shri Harbhajan Singh Rajpal, Aged About 41
Years 605/606, Grand Tower, Gt Exotica, Opposite Tv Tower, Shankar
Nagar, Raipur, 492001, Chhattisgarh. ---- Petitioners
Versus
1. Central Bank Of India Central Bank Of India, Through Its Authorised
Officer, Chhattisgarh College Branch, Near Tiwari Nursing Home Bairan
Bazaar, Raipur, 492001, Chhattisgarh. ---- Respondent
For Petitioners : Shri Satish Agrawal, along with Shri Ankit Singhal and Shri Umang Goyal, Advocate.
For Respondent No. 1 : Shri Anand Shukla, Advocate. h For Hon'ble Shri Justice P. Sam Koshy Order on Board 02/03/2022
1. There is an application i.e. I.A. No. 04/2022 for modification of the order dated 07.02.2022 filed by the respondent-bank. Due to a clerical error, the figure mentioned in the order dated 07.02.2022 has got typed "39 Lakhs" whereas it ought to have been "39 Crores". This I.A. is not opposed by the counsel for the petitioners.
2. The I.A. No. 04 stands allowed and the order dated 07.02.2022 stands modified accordingly.
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3. The challenge in the present writ petition was to the proceedings under the SARFAESI Act drawn by the respondent-bank. The challenge was to the auction proceedings initiated by the respondent- bank in-respect-of collateral property mortgaged with the respondent- bank. The present writ petition was entertained by this Court on account of the DRT Jabalpur, which otherwise has the jurisdiction to entertain the matter, being not functional on account of not having a regular Presiding Officer. The regular Presiding Officer has since been appointed, and he has also assumed the charge from 22.02.2022 onwards and the DRT Jabalpur has now become fully functional.
4. In view of the fact that the DRT Jabalpur has now become functional, the present writ petition would no longer be maintainable before this Court and the proper course would be for the petitioners to pursue his remedy before the DRT Jabalpur where his Securitization Application is already pending since 31.01.2022 along with an interim application which is also yet to be considered and decided.
5. In view of the fact that the DRT Jabalpur has now become functional, the present writ petition as of now stands disposed of, reserving the right of the petitioners to pursue the remedy before the DRT Jabalpur. It is made clear that this Court on the date of admission of the writ petition on 07.02.2022 had passed an order that any auction proceeding that is initiated by the respondent-bank would be subject to outcome of the present writ petition. The Said order would now stand modified to the extent that any auction proceeding initiated by the respondent in between shall be subject to outcome of the 3 Securitization Application and the interim application filed by the petitioners and which is pending consideration before the DRT Jabalpur.
6. With the aforesaid liberty, the present writ petition accordingly stands disposed of.
Sd/-
(P. Sam Koshy) Judge Jyoti