Purusottam Das Agrawal vs The State Of Madhya Pradesh
2023 Latest Caselaw 5956 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                               JUSTICE SUJOY PAUL
                                                       &
                                        JUSTICE AMAR NATH (KESHARWANI)
                                              ON THE 12 th OF APRIL, 2023
                                           WRIT PETITION No. 8281 of 2023

                          BETWEEN:-
                          PURUSOTTAM DAS AGRAWAL S/O SHRI LALMAN
                          AGRAWAL, AGED ABOUT 60 YEARS, OCCUPATION:
                          BORROWER RESIDENT OF 114, G KATIYAKALA REWA
                          ROAD TIGHRAKALA MAIHAR DISTRICT SATNA
                          (MADHYA PRADESH)

                                                                               .....PETITIONER
                          (BY SHRI M.P. TRIPATHI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE COLLECTOR SATNA DISTRICT SATNA
                                (MADHYA PRADESH)

                          2.    THE   TAHSILDAR TAHSIL     MAIHAR DISTRICT
                                SATNA (MADHYA PRADESH)

                          3.    THE REGISTRAR DRT J AB ALPUR DISTRICT
                                JABALPUR (MADHYA PRADESH)

                          4.    ICICI   HOME      FINANCE THROUGH    THE
                                AUTHORISED OFFICER SHRI KAMLA BHALSE
                                REGISTERRED OFFICE ICICI TOWERS BANDRA
                                KURLA COMPLEX MUMBAI PIN 400051 AT
                                PRESENT 105/101 PLOT NO. 582 FIRST FLOOR
                                ARJU PLAZA M.G. ROAD INDORE (MADHYA
                                PRADESH)

                                                                             .....RESPONDENTS
                          (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

                                Th is petition coming on for admission this day, JUSTICE SUJOY

Signature Not Verified
                          PAUL passed the following:
Signed by: AKANKSHA
MAURYA
Signing time: 4/13/2023
5:39:19 PM
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                                                               ORDER

Heard.

During the course of hearing, learned counsel for the petitioner fairly submits that he has filed an appeal under Section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 which is pending consideration before Debts Recovery Tribunal, Jabalpur. Till such time his application for interim relief is decided, he may be protected by this Court. We do not see any merit in this contention.

Supreme Court in para-22 of its judgment delivered in (2010) 9 SCC 437 Kalabharati Advertising v. Hemant Vimalnath Narichania, held 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. (Vide State of Orissa v. Madan Gopal Rungta [1951 SCC 1024 : AIR 1952 SC 12] , Amarsarjit Singh v. State of Punjab [AIR 1962 SC 1305] , State of Orissa v. Ram Chandra Dev [AIR 1964 SC 685] , State of Bihar v. Rambalak Singh “Balak†[AIR 1966 SC 1441 : 1966 Cri LJ 1076] and Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke [(1976) 1 SCC 496 : 1976 SCC (L&S) 70 : AIR 1975 SC 2238] .)'' In the light of the aforesaid, the prayer is rejected.

Petition is dismissed with the liberty to prosecute the pending matter

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 4/13/2023 5:39:19 PM

before the Debts Recovery Tribunal, Jabalpur. It is made clear that this Court has not expressed any opinion on the merits of the case.

                            (SUJOY PAUL)                                (AMAR NATH (KESHARWANI))
                               JUDGE                                             JUDGE
                          Akm




Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 4/13/2023
5:39:19 PM