Mukesh Kumar Mishra And Others vs Union Bank Of India And Others

Gurpal Singh Ahluwalia, J

This writ petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

"i. To issue a Writ in nature of CERTIORARI thereby quashing the order dated 13.06.2023 (ANNEXURE-P/1) passed by the Respondent No.2/District Magistrate, in the interest of justice.

ii. To issue a Writ in nature of CERTIORARI thereby quashing the notice dated 03.02.2026 (ANNEXURE-P/2) & 10.04.2026 (ANNEXURE-P/4) issued by the Respondent No.3/Tehsildar, in the interest of justice.

iii. That, this Hon'ble Court may kindly be direct the respondent to give a fresh notice of 15 days before taking any action, after the DRT Jabalpur becomes functional.

iv. That, the measures taken by the respondent No.1 under Section 13(4) of the SARFAESI Act i.e. e-auction notice and demand notice dated, may kindly be declared invalid.

v. That, the respondent No.1 may kindly be restrained from taking any further action in respect of the aforesaid secured assets by putting it in public auction or transferring it otherwise.

vi. That the costs of Application be awarded to the applicants.

vii. That any other relief as may be deemed fit by the Hon'ble Court under the facts and circumstances of the case may also be granted."

It is submitted that the post of Presiding Officer, DRT, Jabalpur is lying vacant, and therefore, he has no forum to seek redressal of his grievance.

Considered the submissions made by counsel for the petitioners.

The Department of Financial Services has issued the following order on 04.06.2026:-

"F. NO. 7/1/2026-DRT GOVERNMENT OF INDIA

Ministry of Finance Department of Financial Services 3rd Floor, Jeevan Deep Building,

Parliament Street, New Delhi - 110001 Dated: June 4, 2026

ORDER

To,

The Registrar,

Debts Recovery Tribunal, Ahmedabad / Jabalpur

SUBJECT: TEMPORARY ADDITIONAL CHARGE ARRANGEMENT FOR THE POST OF PRESIDING OFFICER, DEBTS RECOVERY TRIBUNAL, JABALPUR - REGARDING.

In exercise of the powers conferred under sub-section (2) of Section 4 of the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993), the Central Government hereby approves the assignment of the additional charge of the post of Presiding Officer, Debts Recovery Tribunal (DRT), Jabalpur to the Presiding Officer, Debts Recovery Tribunal-1, Ahmedabad.

This temporary look-after arrangement is necessitated due to the administrative vacancy at DRT Jabalpur and shall be effective immediately. The Presiding Officer, DRT-1 Ahmedabad shall discharge all judicial and administrative functions pertaining to DRT Jabalpur, in addition to their existing regular duties, for a period of six (6) months, or until the joining of a regular appointee, or until further orders, whichever is earlier.

To ensure smooth compliance with statutory mandates and uninterrupted institutional access for litigants across Madhya Pradesh, the following operational regulations are strictly ordered:

1 . Filing and Registries: All new Securitisation Applications (SAs), Original Applications (OAs), and Interlocutory Applications (IAs) arising from the territorial jurisdiction of Madhya Pradesh shall continue to be filed, logged, and scrutinized at the primary registry office of DRT Jabalpur via the e-DRT portal (cis.drt.gov.in).

Conduct of Hearings: Adjudication of matters pending or newly instituted before DRT Jabalpur shall be conducted by the In-charge Presiding Officer through virtual or hybrid modes (via designated Video Conferencing platforms). Daily cause lists along with security credentials for the digital courtrooms shall be uploaded on the e-DRT network.

Urgent Matters: In instances of extreme statutory emergency, such as an imminent asset auction or forced physical possession under the SARFAESI Act, the Registrar of DRT Jabalpur shall expeditiously coordinate with the staff of the In-charge Presiding Officer at Ahmedabad to ensure same-day virtual listing or scheduling.

The designated Presiding Officer shall not be entitled to any additional financial remuneration or special allowance for discharging these additional statutory responsibilities.

Yours faithfully, (S. K. Mishra)

Under Secretary to the Government of India Tel: 011-2374XXXX

Email: drt-dfs@nic.in

Copy forwarded for information and necessary action to:

The Presiding Officer, Debts Recovery Tribunal-1, Ahmedabad.

The Registrar, Debts Recovery Appellate Tribunal (DRAT), Mumbai / Allahabad.

The Under Secretary (DRT), Department of Financial Services, New Delhi.

The President, DRT Bar Association, Ahmedabad / Jabalpur.

NIC Cell, Department of Financial Services, for uploading on the official portal.

Guard File."

Thus, it is clear that now the matters are to be heard by the Presiding Officer of DRT, Ahmedabad.

Accordingly, as the petitioners have an efficacious forum to seek redressal of his grievance, therefore, no good ground has been made out to bypass the statutory remedy.

Accordingly, the petition is disposed of with liberty to the petitioners to press their applications, which are pending before the DRT, Jabalpur.