M/s. Keshav Upadhyay Thr. Proprietor Keshav Upadhyay vs Dept. Of Special Operation & Ors

S.A.Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard on the question of admission and interim relief.

In this petition under Article 226 of Constitution of India, the petitioner has filed an appeal under Section 17 of Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, “SARFAESIâ€) before the Debt Recovery Tribunal, Jabalpur (for

brevity, “DRTâ€) which is registered as S.A. No. 716/2019 along with an application for interim relief. In the said appeal, DRT was pleased to

issue notices to the respondents, who have entered their appearance after notices were being served on them. Now, since the Presiding Officer of the

DRT stood retired and the post is lying vacant, due to which, the appeal as well as an application for interim relief is not being heard, therefore, the

petitioner has left with no other option, but to approach this Court by filing the instant petition. It is further submitted that in the light of order Annexure

P/1 dated 24/11/2020 passed by Tahsildar, Tehsil and District Gwalior, the petitioner has been directed to hand over the vacant possession of the

property in question latest by 15/12/2020.

At this stage, learned counsel for the petitioner submits that the petitioner has already informed the Tahsildar, Tehsil and District Gwalior in regard to

filing of the instant writ petition before the High Court at Gwalior, therefore, it has been prayed before the Tahsildar that possession of the property in

question may not be taken till the outcome of instant writ petition and as a consequence of the same, the Tahsildar has fixed further date for handing

over the possession of the property in question as 23/12/2020.

Since the petitioner has already availed alternative remedy of filing an appeal under section 17 of SARFAESI Act before the DRT, Jabalpur, which is

pending consideration, this Court is not inclined to enter into the merits of the matter, but direct the petitioner to approach DRT, Jabalpur by filing an

urgent hearing application. In case, the petitioner approaches DRT by filing an urgent hearing application, DRT Jabalpur is directed to hear the matter

on the question of interim relief at the earliest and shall pass a reasoned and speaking order.

Till the prayer for interim relief is considered and decided by DRT, Jabalpur, no coercive action be taken against the petitioner by the respondents

Nos. 2 & 3 in the light of order dated 24/11/2020 (Annexure P/1).

It is made clear that once DRT, Jabalpur decide the prayer of the petitioner for interim relief, the interim relief granted by this Court shall

automatically stand vacated.

This Court has not expressed any opinion on the merits of the matter.

With the aforesaid direction, the instant petition stands disposed of.