SUNIL PATIDAR Vs. TEHSILDAR DHAMNOD

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India seeking the following reliefs:-

(2.) The grievance of the petitioner is that he is the borrower and being aggrieved by the order passed by CJM Dhar dtd. 8/4/2023 and 21/3/2024, he has already preferred an securitization application under Sec. 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (referred to as "SARFAESI Act" hereinafter) before the Debt Recovery Tribunal, Jabalpur (referred to as "DRT" hereinafter) which was registered as S.A. No. 70/2023. The respondent no.1 herein in compliance of the order passed by the CJM, Dhar had issued a notice regarding handing over of vacant possession of the property in question to the respondent no.2 till 29/4/2024 and therefore, petitioner apprehends dispossession from the property in question as the next date of hearing of the S.A. No. 70/2023 is fixed for 31/7/2024 and the Presiding Officer, DRT Jabalpur. is on leave from 22/4/2024 till 26.04.20204. Hence, this petition has been filed.

(3.) Learned counsel for the petitioner submitted that petitioner has already availed the efficacious remedy by filing application u/S 17 of the SARFAESI Act vide S.A. No. 70/2023 in which the next date of hearing is 31/7/2024 as per the ordersheet dtd. 7/2/2024. Since the Presiding Officer is on leave and the next date of hearing of S.A. No. 70/2023 is 31/7/2024, petitioner apprehends execution of the order passed by the CJM, Dhar u/S 14 of the SARFAESI Act by the respondent no.1 who has already issued notice for handing over of vacant possession of the property in question to respondent no. 2 by 29/4/2024, which would lead to dispossession of petitioner from the property in question. Hence, present petition is filed with the limited prayer for interim protection till effective hearing of Securitization Application by the DRT, Jabalpur.