Smt. Kumari Indu Bhowray vs The Deputy Vice President
2022 Latest Caselaw 795 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                       WPC No. 773 of 2022

                   Smt. Kumari Indu Bhowray Versus The Deputy Vice President



15.02.2022
                   Shri Rajendra Kumar Patel, along with Shri Amit Kumar,

             Counsel for Petitioner.


                   The present petition has been filed assailing the auction sale

             notice dated 05.01.2022 issued by the respondent no. 1. Vide the said

auction sale notice, the respondents have decided to put on auction

the land of the petitioner situated in Khasra No. 219/1 and 219/5

measuring 3420 sq. ft. in P.C. No. 108/38 situated at village Godwara,

Yatiyatanlal, ward no. 4 Tahsil & District Raipur.

According to the counsel for petitioner, the petitioner had taken

a loan for some commercial purpose to the tune of Rs. 9 crores from

the respondents and the petitioner was to pay an EMI of Rs. 13 lacs

per month. According to the counsel for petitioner, out of an amount of

Rs. 9 crores that the petitioner has received, she has already by now

paid Rs. 5.5 crores to the respondents and that because of a fire

accident in the petitioner's establishment, there was some difficulty for

the petitioner in making the repayment periodically. However, the

petitioner is making all endavours in paying the entire repayment. Meanwhile, however the respondents have now issued the auction

sale notice vide Annexure P/1 dated 05.01.2022, which has led to

filing of the present writ petition.

Learned counsel for the petitioner submits that the petitioner

has come to this Court in the light of the Judgment of the Hon'ble

Supreme Court in the case of State Bar Council of Madhya Pradesh

Vs. Union of India, wherein on 16.12.2021, the Hon'ble Supreme

Court has permitted the High Courts to entertain petitions under Article

226 in matters which are otherwise to be heard and deiced by the

DRT and DRAT.

Given the facts and circumstances of the case and also taking

note of the order of the Hon'ble Supreme Court permitting the

petitioner to approach the High Court under Article 226, the present

writ petition stands admitted for hearing.

Let notice be issued to the respondents no.1 & 2 on payment of

P.F. as per rules.

Also heard on I.A. No. 01, which is an application for grant of

interim relief.

Subject to the petitioner paying an amount of Rs. 2.5 crores to

the respondent no. 2 within a period of 30 days from today, the

respondent may carry out the auction sale, however the auction sale shall not be finalized by the respondents till the next date of hearing.

It is made clear that in case if the petitioner fails to deposit the

amount of Rs. 2.5 crores within the period of 30 days, the interim

order granted by this Court would loose its efficacy and thereafter the

respondents would be permitted to proceed further with the

proceedings.

List this case immediately after reply of the respondents is

received.

Certified Copy Today.

Sd/-

(P. Sam Koshy) JUDGE

J.