1 2025:CGHC:29631 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2316 of 2021 1 - Manoj Kumar Sharma S/o Shri Chaman Lal Sharma Aged About 53 Years R/o Milan Chowk New Khursipar, Ward No. 36, Bhilai, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 2 - Smt. Praveen Sharma W/o Shri Manoj Kumar Sharma Aged About 51 Years R/o Milan Chowk New Khursipar, Ward No. 36, Bhilai, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 3 - Chaman Lal Sharma S/o Shri Late Shri Jagannath Sharma (Surety) Aged About 84 Years R/o Milan Chowk New Khursipar, Ward No. 36, Bhilai, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Petitioners versus 1 - Uco Bank Kohka Branch, Bhilai, Tahsil And District Durg Chhattisgarh. Through - Authorized Officer U C O Bank 2 - The Collector / District Magistrate, Durg - 491001 Thasil And District Durg Chhattisgarh., District : Durg, Chhattisgarh --- Respondents For Petitioners : None. For Respondent No.1 : Shri P.R. Patankar, Advocate. For Respondent No.2/ State : Shri Shubham Bajpayee, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01.07.2025 1. When the case is called out for hearing, no one appears on behalf of the petitioners. SMT NIRMALA RAO -2- 2. The petitioners have filed this petition seeking the following reliefs: “(I) That the Hon'ble Court be pleased to call for entire records based on which loan was released in favour of petitioners by respondent No. 2 and peruse the same. (II) That the Hon'ble Court be also pleased to call for entire records based on which Respondent No. 2 issued orders against the petitioners and peruse the same and quash all orders by issuing writ of CERTIORARI or any other writ deemed fit in the interest of justice. (III) That the Hon'ble Court be further pleased to direct Respondents not to dispossess the petitioners from immovable properties title deeds of which have been deposited by the petitioners by issuing writ of MANDAMUS against Respondents. (IV) That the Hon'ble Court be pleased to mould the reliefs as and when required in the interest of justice. (V) That the Hon'ble Court be pleased to issue any other writ or writs, order orders, direction or directions, deemed fit in the interest of justice.” 3. Learned counsel for respondent No.1 would submit that the notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) was issued against the petitioners. Subsequently, the Debts Recovery Tribunal (DRT), Jabalpur passed a final judgment and decree on 9.5.2017 and this fact was not disclosed by the petitioners in the present petition. He would submit that the remedy available to the petitioners is to prefer an 3 appeal before the Debts Recovery Appellate Tribunal and thus, this petition is not maintainable. 4. Taking into consideration the submission made by counsel for respondent No.1 and further, the order passed in Original Application No. 758/16 dated 9.5.2017 by Debts Recovery Tribunal, Jabalpur, in my opinion, the present petition is not maintainable and is accordingly dismissed. 5. The petitioners would be at liberty to take recourse to law. Registry is directed to communicate this order to the petitioners. Sd/- (Rakesh Mohan Pandey) Judge Nimmi