Sunil Patidar vs Tehsildar Dhamnod And Others

Sushrut Arvind Dharmadhikari, J

The instant writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India seeking the following reliefs:-

"a. Quash and set aside the order passed by the Ld. CJM, Dhar dated 08.04.2023 to take the physical possession of the subject property.

b. Quash and set aside the order passed Ld. CJM, Dhar dated 21.03.2024 to take physical possession of the subject property.

c . To permit the petitioner to initiate complaint the authorized officer of the respondent no.2 Bank u/S 340 of Cr.P.C. 1973 read with Section 195 and 200 of IPC.

d . Alternatively grant breathing time to the petitioner to obtain ad-interim protection in Securitization Application under Section 17 of the Act, 2002 before the Hon'ble DRT Jabalpur against the impugned order.

e.Any other relief(s), which this Hon'ble Court may deem fit to be granted to the Petitioner under the facts and circumstances of the present case"

2 . The grievance of the petitioner is that he is the borrower and being aggrieved by the order passed by CJM Dhar dated 08.04.2023 and 21.03.2024, he has already preferred an securitization application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (referred to as "SARFAESI Act" hereinafter) before the Debt Recovery Tribunal, Jabalpur (referred to as "DRT" hereinafter) which was registered as S.A. No. 70/2023. The respondent no.1 herein in compliance of the order passed by the CJM, Dhar had issued a notice regarding handing over of vacant possession of the property in question to the respondent no.2 till 29.04.2024 and therefore, petitioner apprehends dispossession from the property in question as the next date of hearing of the S.A. No. 70/2023 is fixed for 31.07.2024 and the Presiding Officer, DRT Jabalpur. is on leave from 22.04.2024 till 26.04.20204. Hence, this petition has been filed.

Learned counsel for the petitioner submitted that petitioner has already availed the efficacious remedy by filing application u/S 17 of the SARFAESI Act vide S.A. No. 70/2023 in which the next date of hearing is 31.07.2024 as per the ordersheet dated 07.02.2024. Since the Presiding Officer is on leave and the next date of hearing of S.A. No. 70/2023 is 31.07.2024, petitioner apprehends execution of the order passed by the CJM, Dhar u/S 14 of the SARFAESI Act by the respondent no.1 who has already issued notice for handing over of vacant possession of the property in question to respondent no. 2 by 29.04.2024, which would lead to dispossession of petitioner from the property in question. Hence, present petition is filed with the limited prayer for interim protection till effective hearing of Securitization Application by the DRT, Jabalpur.

Learned counsel for the respondent/State has no objection.

Heard, learned counsel for both the parties and perused the record.

On due consideration, in view of aforesaid circumstances, without adverting to the merits of the matter, it is directed that the status-quo shall be maintained by the respondents till the petitioner's interim application i.e. S.A. No. 70/2023 is decided by the DRT, Jabalpur.

It is made clear that this Court has not reflected upon the merits of the case, and the DRT, Jabalpur shall decide the matter on its own merits without being influenced by this order.

C.C. as per rules.