Satyendra Singh vs The Authorised Officer Bank Of ...
2021 Latest Caselaw 611 MP

                                                              1                              WP-5514-2021
                                The High Court Of Madhya Pradesh
                                           WP-5514-2021
                               (SATYENDRA SINGH Vs THE AUTHORISED OFFICER BANK OF INDIA AND OTHERS)

                       1
                       Indore, Dated : 10-03-2021
                              Shri Rishi Shrivastava, learned counsel for the petitioner.
                              Shri B.L. Bakliya, learned counsel with Shri Lokesh Sharma, learned
                       counsel for respondent/Bank.

Heard learned counsel for the petitioner. After arguing for sometime, learned counsel for the petitioner seeks to

withdraw this petition with the liberty to avail the alternative remedy before the Debts Recovery Tribunal. He further submits that till such time he files appropriate proceedings before the Tribunal along with stay application, he may be protected and impugned order may be stayed.

The prayer is opposed by the learned counsel for respondent/Bank. We have heard the parties on this aspect.

The petition is dismissed as withdrawn with liberty to approach the appropriate forum.

So far question of granting interim relief is concerned, it is relevant to

see the judgment delivered by the Supreme Court on this point in the case of Kalabharati Advertising vs. Hemant Vimalnath Narichania & Others, reported as (2010) 9 SCC 437. Para 22 of the judgment is reproduced below :-

"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."

Digitally signed by Shailesh Sukhdev Date: 12/03/2021 10:41:19 2 WP-5514-2021 In the light of this judgment, we are unable to grant any interim protection to the petitioner.

The petition is disposed of.

                          (SUJOY PAUL)                               (SHAILENDRA SHUKLA)
                             JUDGE                                             JUDGE


                       SS/-




Digitally signed by Shailesh Sukhdev
Date: 12/03/2021 10:41:19