Himanshu Shekhar Jha vs Central Bank India
2022 Latest Caselaw 312 MP

                                                                                 1                             WP-28188-2021
                                                      The High Court Of Madhya Pradesh
                                                               WP No. 28188 of 2021
                                                     (HIMANSHU SHEKHAR JHA AND OTHERS Vs CENTRAL BANK INDIA AND OTHERS)

                                              Jabalpur, Dated : 06-01-2022
                                                    Shri Wajid Haider, learned counsel for the petitioners.

                                                    Shri Rahul Deshmukh, learned Panel Lawyer for the respondents/State.

Shri Abhinav Kherdikar, learned counsel for the caveator. Heard.

Learned counsel for the petitioners submits that against the impugned order passed by the District Magistrate under Section 14 of the Securitization

and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 (for brevity, 'SARFAESI Act'), the petitioners have already filed a second appeal before the Debts Recovery Tribunal, Jabalpur. The said appeal is pregnant with a prayer for interim relief. Since, the Tribunal in Madhya Pradesh is not functional, the second appeal of the petitioners could not be taken up. Till the interim prayer is decided by the Tribunal, they may be protected. Learned counsel for the petitioners have placed reliance on various orders passed by various Division Bench of this Court.

The said prayer is opposed by Shri Abhinav Kherdikar, counsel for the

objector, and Shri Rahul Deshmukh, Panel Lawyer for the State.

Undisputedly, the Tribunal is not functional in Madhya Pradesh. A litigant could not be left remediless. As per the Constitutional Bench judgment of the Supreme Court in L.Chandrakumar vs. Union of India AIR 1997 SC 1125, the Court of first instance to decide the claim case is Tribunal.

Considering the aforesaid, we deem it proper to dispose of this petition with the following directions :-

(1) The petitioner shall submit a copy of this order before the Registry of the Tribunal within seven working days from today.

(2) In turn, soon the Tribunal becomes functional shall take up the second appeal filed by the petitioners and decide the prayer for interim relief expeditiously.

Signature Not Verified SAN (3) Till decision is taken up by the Tribunal on interim Digitally signed by priyanka pithawe mishra Date: 2022.01.07 14:34:33 IST 2 WP-28188-2021 relief, no coercive action be taken against the petitioners by the Bank/State.

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

C.c. as per rules.

                                                 (SUJOY PAUL)                                     (ARUN KUMAR SHARMA)
                                                    JUDGE                                                JUDGE

                                              Priya.P




Signature Not Verified
  SAN

Digitally signed by priyanka pithawe mishra Date: 2022.01.07 14:34:33 IST