M/S Vishambhar Warehousing Through Its ... vs Central Bank Of India
2023 Latest Caselaw 21435 MP

Madhya Pradesh High Court

M/S Vishambhar Warehousing Through Its ... vs Central Bank Of India on 14 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari, Pranay Verma

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                   BEFORE
                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      &
                                    HON'BLE SHRI JUSTICE PRANAY VERMA
                                           ON THE 14 th OF DECEMBER, 2023
                                           WRIT PETITION No. 30729 of 2023

                           BETWEEN:-
                           1.    M/S VISHAMBHAR WAREHOUSING THROUGH ITS
                                 PROPRIETOR SMT. AMISHA SHARMA, AGED
                                 ABOUT 33 YEARS, R/O 12 VIVEK PATH NEEMUCH
                                 (MADHYA PRADESH)

                           2.    SMT. AMISHA SHARMA W/O SHRI VISHAMBHAR
                                 SHARMA, AGED ABOUT 33 YEARS, OCCUPATION:
                                 BUSINESS 12, VIVEK PATH, NEEMUCH DIST.
                                 NEEMUCH (MADHYA PRADESH)

                           3.    SHRI MUKESH SHARMA S/O SHRI JAGDISH
                                 PRASAD SHARMA, AGED ABOUT 61 YEARS,
                                 OCCUPATION: BUSINESS 12 VIVEK PATH,
                                 NEEMUCH DIST. NEEMUCH (MADHYA PRADESH)

                           4.    SHRI VISHAMBHAR SHARMA S/O SHRI MUKESH
                                 SHARMA, AGED ABOUT 37 YEARS, OCCUPATION:
                                 BUSINESS 12 VIVEK PATH, NEEMUCH DIST.
                                 NEEMUCH (MADHYA PRADESH)

                           5.    SMT. MAYADEVI SHARMA W/O SHRI MUKESH
                                 SHARMA, AGED ABOUT 56 YEARS, OCCUPATION:
                                 BUSINESS 12 VIVEK PATH, NEEMUCH DIST.
                                 NEEMUCH (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (SHRI RAJAS POHANKAR, ADVOCATE)

                           AND
                           1.    CENTRAL BANK OF INDIA THROUGH ITS
                                 AUTHORIZED OFFICER AND CHIEF MANAGER
                                 BHAGWANPURA BRANCH NEEMUCH 458441
                                 (MADHYA PRADESH)

Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 12/14/2023
4:33:04 PM
                                                       2
                           2.    DISTRICT MAGISTRATE CUM COLLECTOR DIST.
                                 NEEMUCH OFFICE OF THE COLLECTOR
                                 NEEMUCH (MADHYA PRADESH)

                           3.    THE TEHSILDAR NEEMUCH DIST. NEEMUCH
                                 (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                           (NONE)

                                  This petition coming on for admission this day, Justice Sushrut Arvind
                           Dharmadhikari passed the following:
                                                                 ORDER

Heard on the question of admission and interim relief. The grievance of the petitioner is that, the Respondent- Bank is

completing the auction proceedings by tomorrow in response to the Auction Notice dated 07.11.2023.

2. Learned counsel for the petitioner submitted that the website of the DRT is down for maintenance since 07.12.2023 itself, therefore, the petitioner is unable to E-file the appeal. As the website was not restored till 11.12.2023, therefore, he has approached this Court.

3. Learned counsel for the petitioner also pointed out that the E-filing has been made mandatory w.e.f. 31.01.2023 irrespective of the value of the subject matter therefore, he is left remediless. In such a situation, atleast till the E-filing of the appeal is done the petitioner may be protected by way of an order directing the Respondent No.1 not to finalize the auction proceedings.

4. Learned counsel for the petitioner has also relied on the judgment of the Apex Court in the case of M.P. High Court Bar Council Association vs. Union of India and Others reported in (2023) 7 SCR 347, to contend that E-filing has been made mandatory and there is no other option to file the appeal.

5. Considering the aforesaid submissions and the facts and circumstances of the case, this petition is disposed off with the direction to the Respondent No. 1 not to finalize the auction proceedings vide auction notice date 07.11.2023 for a period of seven days from the date of receipt of certified copy of the order passed today. The interim protection is granted to the petitioner only with the purpose for enabling him to file the Securitisation Application before the DRT Jabalpur, online.

Accordingly, this petition stands disposed off.

Certified copy today.

                             (S. A. DHARMADHIKARI)                                     (PRANAY VERMA)
                                      JUDGE                                                JUDGE
                           Vatan