1 2025:CGHC:13329 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1520 of 2025 1 - Smt. Sneh Singh D/o Prahlad Singh Aged About 40 Years R/o Ground Flore Ramnivas Colony, Rajamohani Devi Ward, Ambikapur, District Surguja (C.G.) Present Address 209/2, Kakawani Khas,tikamgarh, District Tikamgarh (M.P.) ... Petitioner versus 1 - Chhattisgarh Rajya Gramin Bank, Through Chief Manager, Regional Office Kusumtara Complex, Second Flore, Hanuman Gali, New Mahamaya Road, Ambikapur, District Surguja, Chhattisgarh. 2 - Chhattisgarh Rajya Gramin Bank Through Authorized Officer, Regional Office Kusumtara Complex, Second Flore, Hanuman Gali, New Mahamaya Road, Ambikapur, District Surguja Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Rajbahadur Singh, Advocate For Respondents/Bank : Shri N. Naha Roy, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 20/03/2025 1. Learned counsel appearing for the petitioner has filed the instant petition yesterday while seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent to not take any action regarding the auction of the mortgage Digitally signed by GOPAL SINGH Date: 2025.03.21 11:26:24 +0530 2 property land and building of the guarantor of the petitioner namely Manoj Kumar Bharti S/o Markandey Bhart, bearing Khasra No. 171/17 area 0.083 hectar situated at ward Ganagpur, Nagar Nigam Ambikapur, P.H. No. 21, R.N.M Ambikapur 6, Tahsil - Ambikapur, Distt. Surguja (C.G.). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent to not take the possession and also not sale the mortgage property of the petitioner's guarantor in auction till decision of the appeal pending before the DRT, Jabalpur in S.A. No. 575/2024. 10.3 Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioners together with cost of the petition;” 2. According to learned counsel for the petitioner, against the notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the petitioner has already filed an appeal, being Second Appeal No.575 of 2024 before the Debts Recovery Tribunal (DRT), Jabalpur on 31.5.2024 itself in which next date of 17.3.2025 was given by the DRT. The petitioner was waiting for her turn on 17.3.2025, however, all of a sudden, the Bench was not available as the Presiding Officer was on official tour. Therefore, the petitioner has been given a further date of 9.9.2025 upon which the petitioner has rushed to this Court as the Bank is going to recover the loan amount by auction of the mortgaged property, as such the petitioner has filed this petition with a prayer that till the next date of hearing, the respondents authorities may be restrained from taking further auction proceeding, otherwise, the property will be auctioned and the appeal pending before the DRT will become infructuous. 3 3. Learned counsel for the respondents/Bank submits that the petitioner was well aware of the proceedings and she had filed a petition, being WPC No.1355 of 2025 on an earlier occasion which was dismissed as withdrawn with liberty to approach before the DRT, as such the petitioner cannot be granted any relief. The petitioner is a defaulter and as such no leniency can be granted in her favour. 4. I have heard learned counsel for the parties and perused the record. 5. From perusal of online status of the case before the DRT, it appears that the petitioner has filed Second Appeal No.575 of 2024 way back on 31.5.2024 and thereafter she was given date of 17.3.2025. However, on the said date, Bench was not available as the Presiding Officer was on official tour, which was communicated to the petitioner by the DRT, Jabalpur vide notice dated 15.3.2025. According to online status of the case, the next date given is 9.9.2025 which is about 6 months away and as such the petitioner has rightly approached this Court. 6. Accordingly, I am inclined to and hereby direct the respondents/Bank not to go further in respect of auction proceeding of the subject mortgaged property till the next date of hearing of the Second Appeal filed by the petitioner before the DRT, Jabalpur. 7. With the aforesaid observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh