M/S Narayan Industries A ... vs State Bank Of India
2023 Latest Caselaw 2858 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                      BEFORE
                                                JUSTICE SUJOY PAUL
                                                         &
                                         JUSTICE AMAR NATH (KESHARWANI)
                                           ON THE 16 th OF FEBRUARY, 2023
                                            MISC. PETITION No. 568 of 2023

                          BETWEEN:-
                          1.    M/S NARAYAN INDUSTRIES A PROPRIETORSHIP
                                CONCERN THROUGH ITS PROPRIETOR SHRI
                                NARAYAN DAS TOLANI NEAR GAYATRI MANDIR
                                L A L B A R R A ROAD WARASEONI BALAGHAT
                                (MADHYA PRADESH)

                          2.    SHRI NARAYAN DAS TOLANI S/O LATE SHRI
                                HUNDAMAL TOLANI RESIDENT OF WARD NO. 7
                                LALBARRA ROAD WARASEONI BALAGHAT 481001
                                (MADHYA PRADESH)

                          3.    SMT. BHARTI TALANI S/O SHRI NARAYAN DAS
                                TALANI RESIDENT OF WARD NO. 7 LALBARRA
                                ROAD WARASEONI BALAGHAT 481001 (MADHYA
                                PRADESH)

                                                                               .....PETITIONER
                          (BY SHRI SATISH AGRAWAL - ADVOCATE)

                          AND
                          STATE BANK OF INDIA THROUGH ITS AUTHRORISED
                          OFFICER WARASEONI BRANCH BALAGHAT (MADHYA
                          PRADESH)

                                                                             .....RESPONDENTS
                          (NONE )

                                Th is petition coming on for admission this day, JUSTICE SUJOY
                          PAUL passed the following:
                                                        ORDER

Heard.

Signature Not Verified Signed by: PARITOSH KUMAR Signing time: 2/17/2023 5:33:57 PM

After arguing for some time, learned counsel for the petitioner submits that petitioner intends to file appropriate application / proceeding before the Debts Recovery Tribunal (DRT) as per the observation made by Debts Recovery Appellate Tribunal (DRAT) in order dated 09.01.2023 (Annexure P/7). He submits that petitioner will promptly file an appropriate application before the DRT along with stay application. Till such time stay application is decided, petitioner may be protected by granting interim relief.

The petition is dismissed as withdrawn with the liberty to file appropriate application before the DRT.

So far the prayer for interim relief for the interregnum period is

concerned, we have recently declined similar prayer in W.P. No. 22507/ 2022 ( Rahul Gupta Vs. Central Bank of India Bhopal and Anr.) on the basis of judgment of Supreme Court in Kalabharati Advertising vs. Hemant Vimalnath Narichania and others (2010) 9 SCC 437. It was poignantly 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."

(Emphasis supplied)

Thus, prayer for interim relief is declined.

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


Signature Not Verified
Signed by: PARITOSH
KUMAR
Signing time: 2/17/2023
5:33:57 PM