QUALITY CHINESE FOODS Vs. INDIA CREDIT CO. LTD

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking a direction to the Presiding Officer, Debt Recovery Tribunal, Jabalpur for expeditious disposal of pendding S.A. No. 1046/2022.

(2.) Brief facts of the case are that petitioner being the proprietorship firm has taken loan facility by way of equitable mortgage of diverted land situated at Plot No. 3, Survey No. 1076 Industrial Area, Village Rau Distt. Indore from respondents/Bank . The petitioner serviced the interest to the respondent bank. However, respondent/bank invoked the actions under the realm of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [referred to as 'SARFAESI Act' hereinafter]. Thereafter, said actions of respondents/bank have been challenged by the petitioner before the DRT, Jabalpur by filing S.A. No. 1046/2022 under Sec. 17 of the SARFAESI Act.

(3.) Learned counsel for the petitioner submits that petitioner's S.A. No. 10461/2022 u/S 17 of the SARFAESI Act is pending before the DRT since last 17 months and he apprehends execution of the order passed by the District Magistrate, Indore. He further submits that inspite of availing remedy under SARFAESI Act and approaching DRT, petitioner is left remedyless. Hence, the present petition may be allowed and the Presiding Officer, DRT, Jabalpur may kindly be directed to list the matter as early as possible for expeditious disposal of S.A. No. 1046/2022.