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Judgment
Sushrut Arvind Dharmadhikari, J
Heard on the question of admission and interim relief.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following directions:
''(a) Quash and set aside the eviction warrant dated 12.04.2024 passed by the Ld. Tehsildar, Juni Indore.
(b) Quash and set aside the order passed by the Ld. ADM, Indore dated 24.07.2023 to take the physical possession of the subject property.
(c) Quash and set aside the Sale Notice dated 09.04.2024 scheduling the auction on 30.04.2024.
(d) Any other relief(s), which this Hon'ble Court may deem fit to be granted to the petitioners under the facts and circumstances of the present case.''
Brief facts of the case are that petitioner being the proprietorship firm has taken loan facility from respondents/Bank to the tune of Rs. 3,57,00,000/-by way of equitable mortgage of property (LAP). The petitioner serviced the interest to the respondent bank. After sometime, due to financial distress, the account of the petitioner was declared as NPA account. Respondent/bank invoked the actions under the realm of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [referred to as
'SARFAESI Act' hereinafter]. Subsequently, respondent Bank filed an application under Section 14 of the SARFAESI Act and the ADM, Indore/respondent No.2 has passed order dated 24.07.2023 to take physical possession of the subject property. The Tehsildar issued eviction warrant dated 12.04.2024 and the respondent/Bank issued an auction notice. The said action of the respondent/bank have been challenged by the petitioner before the DRT, Jabalpur by filing S.A. No. 1017/2022 under Section 17 of the SARFAESI Act. However, the said application has not been finally decided yet. Hence, the instant petition has been filed.
Learned counsel for the petitioner submits that petitioner's S.A.No. 1017/2022 under Section 17 of the SARFAESI Act is pending before the DRT since last two years. He further submits that inspite of availing remedy under SARFAESI Act and approaching DRT, petitioner is left remedyless. Hence, it is prayed that the Presiding Officer, DRT, Jabalpur may kindly be directed to list the matter as early as possible for expeditious disposal of S.A. No. 1017/2022.
Heard, learned counsel for the petitioner and perused the record.
Since it is submitted by learned counsel for the petitioner that he has already approached DRT by filing application u/S 17 of the SARFAESI Act, it is pertinent to mention here that such an application shall be dealt with by the DRT as expeditiously as possible within sixty days. Section 17(5) of SARFAESI Act reads as under:
"(5) Any application made under sub‑section (1) shall be dealt with by the Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty days from the date of such application: Provided that the Debts Recovery Tribunal may, from time to time, extend the said period for reasons to be recorded in writing, so, however, that the total period of pendency of the application with the Debts Recovery Tribunal, shall not exceed four months from the date of making of such application made under sub‑section (1)."
In view of sub-section (5) of Sec 17 of SARFAESI Act, but without expressing any opinion on the merits of the case, this petition is disposed of with a direction to the DRT, Jabalpur to consider and decide S.A. No. 1017/2022 filed by the petitioner as expeditiously as possible, preferably within a period of sixty days from the date of receipt of certified copy of the order passed today.
With the aforesaid direction, the petition is disposed of. C.C. as per rules.