Court No. - 40
Case :- WRIT - C No. - 15526 of 2018 Petitioner :- M/S J.C. Rolling Mill Pvt. Ltd. And Another Respondent :- Punjab National Bank And 3 Others Counsel for Petitioner :- Ras Bihari Pradhan Counsel for Respondent :- Sanjai Singh
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Abhai Kumar,J.
Heard Sri R.B.Pradhan, learned counsel for the petitioners and Sri Sanjai Singh, learned counsel for the respondent bank.
The litigation of the petitioners has a chequered history. An earlier application under Section 17 of the SARFAESI Act, 2002 was allowed and the proceedings of recovery had been quashed. In the second round of litigation the petitioners have again approached the Debt Recovery Tribunal against the auction proceedings and it is alleged that the respondent nos.3 and 4 have purchased part of the property. The same is under challenge before the Debt Recovery Tribunal.
There is also an indication of One Time Settlement which appears to have failed according to the bank and it is in this background the petitioners approached the Debt Recovery Tribunal.
In paragraph no.39 of the writ petition it has been stated that since the Presiding Officer at the Debt Recovery Tribunal is not sitting regularly therefore the application of the petitioners and their request for interim relief has not yet been considered.
We are not inclined to entertain the writ petition under Article 226 of the Constitution of India as the petitioners have already approached the Debt Recovery Tribunal, which is the appropriate remedy. In paragraph no.37 of the writ petition the petitioners have asserted that in view of the Full Bench decision of this Court in the case of M/s N.C.M.L. Industries Limited and another Vs. Debt Recovery Tribunal, Lucknow and others, 2018(3) Alld. ADJ, 102 the petitioners may not be able to avail of the remedy under Section 17 of the 2002 Act. This Court in three Division Bench judgments in Writ C No.11076 of 2018 in Dheerendra Kumar and another Vs. Authorized Officer Aadhar Housing Finance Ltd. and another, decided on 02.04.2018 in Writ C No.12111 of 2018 in Green Land Fruits and Vegetables Pvt. Ltd. Vs. State of U.P. and 2 others and in Anuradha Singh and another Vs. Chief Metropolitan Magistrate Kanpur Nagar and 2 others, decided on 13.04.2018 has already explained the position inasmuch as the judgment in the case of N.C.M.L.Industries (Supra) has already been assailed before the Apex Court in Civil Appeal No.5895 of 2018, M/s Hindon Forge Private Ltd. and another Vs. State of U.P. Thr. District Magistrate Ghaziabad and another wherein an interim order has been passed by the Apex Court. Consequently this point also does not appeal to us to entertain the writ petition without prejudice to the rights of the petitioners to press their application under Section 17 of the 2002 Act and any other application before the Tribunal itself. So far as the urgency of the matter is concerned, the Tribunal shall endeavour to dispose of the pending application of the petitioners for interim relief or otherwise within one month from today.
Order Date :- 30.4.2018 R./