Ashalata Shah vs Ifdc First Bank Limited (Earlier ...
2021 Latest Caselaw 1163 MP

   High Court of Madhya Pradesh; Bench At Indore

                             W.P. No.7274/2021
             (Ashalata Shah and others Vs. IDFC and Others)                         1

INDORE; DATED - 31/03/2021
      Shri Akshat Pahadia, learned counsel for the petitioner.
      Shri Shreyraj Saxena, learned Deputy Advocate General for the
respondent/State.

Heard on the question of admission.

Learned counsel for the petitioner at the outset submits that the impugned order can be called in question before the Debts Recovery Tribunal (Tribunal). The Debts Recovery Tribunal, Lucknow bench is hearing the matters through video conferencing. Few days are devoted for the cases of Madhya Pradhesh. The petitioner is ready to avail the alternative remedy but till such time he prefers appropriate proceedings before the Tribunal and his stay application is heard, he may be given interim protection.

As per petitioner's own saying, the petitioner has an alternative remedy. Accordingly, this petition is disposed off by permitting the petitioner to avail the said remedy before the Tribunal. So far as question of interim relief is concerned, the point involved is no more res-integra. In Kalabharati Advertising Vs. Hemant Vimalnath Narichania and Others reported in (2010) 9 SCC 437, the Hon'ble Apex Court has opined as under :-

"22. It is a settled legal proposition that the forum of the writ court cannot be used for the purpose of giving interim relief as the only and the final relief to any litigant. If the Court comes to the conclusion that the matter requires adjudication by some other appropriate forum and relegates the said party to that forum, it should not grant any interim relief in favour of such a litigant for an interregnum period till the said party approaches the alternative forum and obtains interim relief "

(Emphasis Supplied)

In view of this judgment of Hon'ble Apex Court, no interim protection can be granted for intervening period.

The petition stands disposed off by reserving the liberty to the petitioner to avail the alternative remedy. However, in the interest of justice, it is observed that in the event the petitioner files appropriate High Court of Madhya Pradesh; Bench At Indore

W.P. No.7274/2021 (Ashalata Shah and others Vs. IDFC and Others) 2

proceedings alongwith the stay application before the Tribunal, it will be lawful for the Tribunal to immediately take up the matter for hearing and decide the interim application expeditiously.

                            (Sujoy Paul)                (Shailendra Shukla)
                               Judge                           Judge
             sourabh
Digitally signed by
SOURABH YADAV
Date: 2021.03.31 18:06:47
+05'30'