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 Madhya Pradesh at present is not functional. The petitioners have Fundamental right of seeking judicial review of an order which may have any adverse consequences against them. Since, the petitioners intend to avail the appropriate legal remedy praying for interim relief, till such time their prayer for interim relief is decided, they may be protected.

4. Learned Additional Advocate General for the respondent State has no objection and further submits that Principal Seat of this Court has also been passing directions in various cases. One of such order has been passed on 17.11.2021 in Writ Petition No. 24384/2021 (Shri Dilip Sharma v. Union Bank) to ensure that on account of non-availability of the Presiding Officer of the DRT no prejudice is caused to either of the parties.

5. We are told that DRT at present is not functional in Madhya Pradesh. The litigant cannot be left remediless less. We hence deem it proper to dispose of the present petition with the following directions:-

“i. The petitioners shall prefer a Securitisation Application under section 17 of the Act, 2002 along with prayer for grant of interim relief/order before the Debts Recovery Tribunal within a period of ten working days from today.

ii. Without prejudice to any of the rights of the parties, the petitioners are directed to deposit 20% of the amount due as on date with the respondent/bank within a period of thirty days from today, subject to further orders that may be passed by the Debts Recovery Tribunal, Jabalpur. 50% of the aforesaid 20% amount be deposited within a period of first fortnight.

iii. The Debts Recovery Tribunal is directed to take up the Securitisation Application as soon as it becomes functional for consideration of interim relief and take a decision in accordance with law as expeditiously as possible.

iv. Till the prayer for interim relief in the said Securitisation application is decided by the Tribunal, No 3 coercive action shall be taken against the petitioners pursuant to the order dated 7.9.2021 passed by Additional District Magistrate, District Indore and the order dated 4.10.2021 passed by the Naib Tehsildar, Tehsil Juni, District, Indore.

v. Petitioners are directed to communicate this order to the Registrar Debts Recovery Tribunal, Jabalpur within ten working days from today.

vi. If there is excessive delay at any stage of the proceedings including in the appointment of Presiding Officer of Debts Recovery Tribunal, Jabalpur parties are free to approach this Court.

vii. It is made clear that this Court has not expressed any opinion on the merits of the case.”

With the aforesaid, the petition is disposed off.

Certified copy as per rules.