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2025 DAILYLAW 15145 (CHH)

ANUP KUMAR AGRAWAL v. CENTRAL BANK OF INDIA

WPC/1582/2025 · 2025-03-24

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:14135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1582 of 2025 1 - Anup Kumar Agrawal S/o Nand Kumar Agrawal Aged About 42 Years R/o 48/2, Baikunthpur, Koriya, District Koriya Chhattisgarh ... Petitioner versus 1 - Central Bank of India Through its Chief Manager/ Authorized Officer, Baikunthpur Branch, Baikunthpur, District Koriya Chhattisgarh 2 - The Collector Koriya, District Koriya Chhattisgarh 3 – Tehsildar, Baikunthpur, District Koriya, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Shishir Dixit, Advocate For Bank/Respondent No.1 : Shri Anand Shukla, Advocate For State/Respondents No.2 and 3 : Shri Raj Kumar Gupta, Additional Advocate General Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 24/03/2025 1. Learned counsel appearing for the petitioner submits that the defaults pointed out by the Registry have already been removed. 2. By the instant petition, the petitioner seeks the following reliefs: “(i) Direct the learned Debt Recovery Tribunal Jabalpur to decided the interim relief application filed in pending SA No. 443/2024 at the earliest, in the interest of Justice. (ii) Direct the respondent authorities to not to dispossess the petitioner from the mortgaged property till the interim application pending before Digitally signed by GOPAL SINGH Date: 2025.03.25 19:25:21 +0530 2 DRT Jabalpur is decided and not to take any coercive step against the petitioner in the interest of justice. (iii) Any other relief which this Hon’ble Court may deem fit be granted.” 3. Learned counsel appearing for the petitioner submits that SA No.443 of 2024 was filed before the Debts Recovery Tribunal, Jabalpur on 10.1.2024 and since then though the matter was listed, however, it could not be heard and lastly the matter was listed on 17.3.2025. He prays that the Debts Recovery Tribunal, Jabalpur may be directed to decide the interim application filed by the petitioner in pending SA No.443 of 2024 at the earliest and the respondents authorities may be directed not to dispossess the petitioner from the mortgaged property and not to take any coercive step against him till the interim application pending before the Debts Recovery Tribunal, Jabalpur is decided. 4. Learned counsel appearing for the Bank/respondent No.1 vehemently opposes the submission made by learned counsel for the petitioner. 5. Taking into consideration the facts and circumstances of the case, it is directed that till the aforesaid interim application of the petitioner is decided by the Debts Recovery Tribunal, no coercive step shall be taken against him and he shall not be dispossessed from the mortgaged property. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh