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SUJOY PAUL, PRANAY VERMA
New Dimension Engineering Proprietorship Firm – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Learned counsel for the petitioners submits that respondent No.2 has initiated recovery proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act, 2002) against properties of the petitioners. In those proceedings an order has been passed by the Additional District Magistrate, District, Indore on 7.9.2021 under section 14 of the Act, 2002 for taking physical possession of the mortgaged immovable properties of the petitioners. In compliance of the said order, by order dated 4.10.2021 the Naib Tehsildar, Tehsil Juni, District Indore has directed for physical possession of the properties of petitioners to be taken over by 18.10.2021.
2. Learned counsel for the petitioners further submits that the entire action of the respondent No.2 is illegal and arbitrary. The petitioners intend to challenge the entire action under the provisions of the Act, 2002 before Debts Recovery Tribunal, Jablapur as provided for under the Act. However, it is seen that as of now no such proceedings have been initiated by the petitioners.
3. Learned counsel for the petitioners also submits that DRT Tribunal in Mad
The court can provide temporary relief to petitioners in possession notice cases under the Act when the Debts Recovery Tribunal is not functioning due to a vacancy in the post of Presiding Officer.
The main legal point established in the judgment is that when a petitioner has an alternative remedy of statutory appeal under Section 18 of the Act of 2002, the writ petition may not be maintainable....
The court considered the jurisdictional issue of the DRT's decision on the question of title and the impact of the vacancy in the office of the Chairperson of the DRAT(M) on the petitioner's appeal.
The court's decision was influenced by the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and the need to address the non-func....
The court emphasized the principle of exhausting alternative remedies before approaching the court and highlighted the importance of adhering to settled legal positions.
Petitioner's request for expedited hearing denied; alternative remedy available under law.
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