Ranjeeta W/O Late vs Dharmendra Rao

Learned counsel for the petitioner submits that respondent No.3 has initiated recovery proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (which shall be referred hereinafter as "Act of 2002") against properties of the petitioner. In those proceedings an order was passed by the Additional District Magistrate, District-Indore on 02/02/2021 under Section 14 of Act, 2002 for taking physical possession of the mortgaged immovable properties of the petitioner. The petitioner has challenged the entire action under the provisions of Act of 2002 before Debt Recovery Tribunal, Jabalpur in Securitisation Application filed under Section 17 of Act, 2002.

Learned counsel for the petitioner further submits that in his securitisation application the petitioner has also prayed for interim relief for restraining the respondent/Bank from taking physical possession of the mortgaged properties. However, before any order could be passed on the same, on 26/10/2021 an order has been passed by Tehsildar, Tehsil-Malharganj, District-Indore informing that forceful physical possession of the properties of petitioner will be taken on 12/11/2021. Thus it is contended that petitioner is under threat of forceful dispossession.

Learned counsel for the petitioner submits that petitioner's Securitisation Application and his prayer for interim relief could not be taken-up and heard by the tribunal because tribunal of M.P. at present is not functional. The petitioner has fundamental right of seeking judicial review of an order which may have any adverse consequences against him. Since the petitioner has already availed the remedy, till such time interim prayer is decided, he may be protected.

Learned Additional Advocate General for the respondents/State has no objection.

We are told that DRT at present is not functional in M.P. The litigant cannot be left remedy-less. Since petitioner has already filed Securitisation Application alongwith prayer for grant of interim relief we deem it proper to dispose of this writ petition by directing the DRT to take-up the Securitisation Application and prayer for grant of interim relief of the petitioner soon it become functional and take a decision on prayer for interim relief in accordance with law expeditiously. It shall be the duty of the petitioner to communicate this order to the respondents and to the Registry of DRT within seven working days from today, failing which interim protection shall cease to operate automatically.

Till the prayer for interim relief of the petitioner is decided by the Tribunal, no coercive action shall be taken against the petitioner pursuant to the order dated 02/02/2021 passed by Additional District Magistrate, District-Indore and the order dated 26/10/2021 passed by Tehsilar, Tehsil-Malharganj, District-Indore.

With the aforesaid and without expressing any opinion on merits, the petition is disposed of.

C.C. as per rules today.