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2. Petitioner is borrower and respondent No.1 is creditor/Bank. It is a submission of learned counsel for the petitioner after paying certain installments, he could not repay the loan amount, therefore, his bank account is declared as NPA. Now, respondent No.1 intend to take possession of the property of petitioner and this would render him at vulnerable position because he has no other roof under which he can live. Petitioner is ready to pay part of the loan amount to show his bonafides. His anxiety is that his possession be protected till his pending application filed under Section 17 of of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the Act, 2002") be decided by DRT, Jabalpur. No Presiding Officer is available and DRT is not functional, therefore, this petition is preferred.
3. Although counsel for the respondent No.1 informs this Court that total liability from different accounts of petitioner amounts to more than Rs.24,78,038/-.
4. Considering the submissions and the fact that DRT is not functional and no Presiding Officer is available to adjudicate the application under Section 17 of Act, 2002 preferred by borrowers/mortgagers, as an interim arrangement under peculiar facts and circumstances of the case, this Court NEUTRAL CITATION NO. 2026:MPHC-JBP:36073
(iv) Whenever DRT becomes functional and Presiding Officer is available, then petitioner shall have to press the application under Section 17 of the SARFAESI Act, 2002 or any application for interim relief within one month from the date of assumption of the charge by Presiding Officer, if matter is not settled between the parties.