Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21219
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2386 of 2025 1 - Hema Das Vaishnav W/o Raghvendra Das Vaishnav Aged About 48 Years R/o 1-A, Phase 1, Sector-1, Anushtha Residency, Junwani Bhilai, District Durg, Chhattisgarh. 2 - Raghvendra Das Vaishnav S/o Late Shri Narendra Das Vaishnav Aged About 59 Years R/o 1-A, Phase 1, Sector-1, Anushtha Residency, Junwani Bhilai, District Durg, Chhattisgarh.
... Petitioner(s) versus 1 - Uco Bank Through Its Branch Manager, Civics Center Branch Bhilai, District Durg (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Manoj Paranjpe, Advocate. For Respondent(s) : Mr. P. R. Patankar, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 08/05/2025
1. By way of this petition, the petitioners have prayed for following reliefs:-
“1] That, this Hon'ble Court may kindly be pleased to, Digitally signed by RAGHVENDRA JAT
2 issue a writ/order/direction to the Ld. Debt recovery Tribunal to decide the Miscellaneous Application bearing MA no. 41/2023, with in the appropriate time, as the Hon'ble court may deem fit, in the interest of justice. 2] That the Hon'ble Court may kindly please to issue a writ/order/direction to the Respondent no. 1 to not to proceed with the auction proceedings till the MA no. 41/2023 is decided by the Ld. Debt Recovery Tribunal. 3] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”
2. Learned counsel for the petitioner submits that the matter is pending before the Debt Recovery Tribunal, Jabalpur (M.P.) in MA No. 41/2023, however, it is yet to be decided though several dates has been given but one or another reason it has not been decided.
3. On the other hand, learned counsel for the respondent submits that the bank has not disputed the fact the matter is pending for
consideration before Debt Recovery Tribunal, Jabalpur (M.P.) is at the verge of final hearing.
4. I have heard learned counsel for the parties and perused the material available on record.
5. Considering the facts and circumstances of the case, the
3 petitioner is granted liberty to approach before the concerned Debt Recovery Tribunal, Jabalpur (M.P.) with an application for urgent hearing, and, in turn the Debt Recovery Tribunal, Jabalpur (M.P.) is directed to consider the application of the petitioner and to pass appropriate orders.
6. Since, the respondent has also caused his appearance by filing his reply as such he is well aware of the fact and, therefore, it is expected not to go ahead.
7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat