1 2025:CGHC:42274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4432 of 2025 1 - Shri Deepak Sahu S/o Late Shri Shobha Ram Sahu, R/o House No. 39/275, Ward No. 50, Bhagat Chowk, Chhattisgarh Nagar Tikara Para Raipur Chhattisgarh. 2 - Smt. Deepti Sahu W/o Shri Deepak Sahu, R/o House No. 39/275, Ward No. 50, Bhagat Chowk, Chhattisgarh Nagar Tikara Para, Raipur, Chhattisgarh 3 - Deepak Foods Vegetables And Daily Needs Through Deepak Sahu R/o Pachpedi Crossin In Front Of Police Station, Dhamtari Road, Raipur, Chhattisgarh ... Petitioner(s) versus 1 - Bajaj Housing Finance Ltd., Cerebrum Park, B-2 Building, Fifth Floor, Kalyani Nagar, Pune, Maharashtra Through Authorized Officer Siddharth Hundekari S/o Vasudev Hundekari Address - Office Number 513-514, Fifith Floor. Lal Ganga Business Park, Dhamtari, Road, Pachpedi Crossing, Raipur Chhattisgarh. 2 - Chief Judicial Magistrate Raipur (C.G.) 3 - Tahsildar, Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Pawan Kesharwani along with Ms. Aditi Diwan, Advocate For Respondent(s) : Mr. Anurag Tripathi, Panel Lawyer 2 Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 21/08/2025 1. By way of the present petition, the petitioner has prayed for the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to issue a writ by directing respondents not to proceed further in compliance of order passed in Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, passed by the Chief Judicial Magistrate dated 15.04.2025. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ directing the Debt Recovery Tribunal, Jabalpur to hear and decide the S.A. No. 479/2025 on merits preferred by the petitioners as expeditiously as possible, in the interest of justice and no coercive steps be taken in the meanwhile. 10.3 Any other relief, which this Hon’ble Court may deem fit and proper may also be awarded to the petitioner including the 3 cost of the petition.” 2. Learned counsel for the petitioner submits that the petitioner is not challenging any particular order passed by the Respondent, but seeking protection from this Hon’ble Court for execution of order passed under Section 14 of SARFAESI Act, 2002, passed by the Chief Judicial Magistrate dated 15.04.2025 against the petitioner for execution of mortgage property for the reason that the DRT has passed an interim order in favour of the petitioner directing him to deposit the amount of Rs. 20 lakhs in 4 installments which starts from 5th August, 2025 and presently the petitioner is not in a position to pay the said amount and the execution memo has already been issued by the Tahsildar in compliance of the order passed by the Chief Judicial Magistrate Raipur. He further submits that the next date of hearing is 22.08.2025. 3. Learned State counsel submits that the present petition is not maintainable because the proceedings are already pending before DRT Jabalpur. 4. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case, submissions of the counsels, it is crystal clear that being aggrieved by the impugned order passed by the learned Chief Judicial Magistrate, Raipur under Section 14 of the SARFAESI Act, 2002, the petitioner has preferred an appeal before the learned DRT Jabalpur wherein the proceedings are still pending. Therefore, the petitioner has already availed the alternate remedy available to him. 4 6. This Court hopes and trust that DRT Jabalpur shall decide the matter pending before it as early as possible in accordance with law, rules and regulations. 7. Accordingly, the present petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima