only till a regular appointment of Presiding Officer or the
DRT Jabalpur becomes functional, ends of justice would meet if the
writ petition at this ... functional.
9. It is made clear that the moment that the DRT becomes functional by
a regular appointment of a Presiding Officer, the order passed
DRT and DRATs.
3. The said order was passed in the context of the DRT and DRAT not
being functional on account of non-availability ... approached the DRT before filing of the writ petition and has
approached only on account of the DRT being not functional. Since
21.02.2022, the DRT
listed in the week commencing 21.03.2022 or till the DRT,
Jabalpur becomes functional whichever is earlier.
3. Today, learned counsel appearing for the petitioner submits ... DRT for an appropriate interim protection at the earliest.
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Learned counsel for the petitioner apprehends that by virtue of the DRT,
Jabalpur becoming functional
that stage that the Petitioners had
approached the DRT and since the DRT thereafter
became non-functional because of non-availability of
regular Presiding Officer ... entertain the writ petition during the period
the DRT and DRAT was not functional for want of regular
presiding officer. Subsequently, DRT as also DRAT
matters arising out of SARFAESI
proceedings as the DRT, Jabalpur which has the jurisdiction is not
functional for quite sometime for want of a Presiding ... should also
approach the DRT, Jabalpur by filing a suitable Securitization
Application. That the moment the DRT, Jabalpur becomes functional
upon a regular appointment being
exercise its writ jurisdiction considering the fact that the DRT bench
Jabalpur is not functioning normally on account of the Corona Pandemic,
and also that ... Corona Pandemic situation that is
prevailing in the Country and the DRT not functional normally and
secondly the short notice within which the petitioner
filed before this Court when the Debts
Recovery Tribunal (DRT), Bench Jabalpur was not functional for want of a
regular Presiding Officer. That, since large ... stands decided on 30.05.2022.
4. Given the fact that the DRT has now become functional and has also
taken up the case of the petitioner
having jurisdiction to hear the matter i.e. the DRT Jabalpur being not
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functional on account of the post of a Presiding Officer lying ... Officer of DRT Jabalpur has been appointed
and he has also assumed charge from 22.02.2022 and the DRT
Jabalpur has since become functional
further auction
proceedings would not be finalized. Meanwhile, the DRT, Jabalpur
has now become functional as the Presiding Officer ... 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
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 ... decided.
5. In view of the fact that the DRT Jabalpur has now become functional,
the present writ petition as of now stands disposed
