1 2026:CGHC:24582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2906 of 2026 1 - M/s Shri Priyadarshi Rice Products A Proprietorship Firm, Through Its Proprietor Smt. Chandrakala Manhar, Vyapar Vihar, Ring Road No. 1, Bilaspur, Chhattisgarh 495001 2 - Smt. Chandrakala Manhar W/o Shri Khagendra Manhar Aged About 58 Years R/o Bhartiya Nagar, Bilaspur, Chhattisgarh 495001 3 - M/s Shri Priyadarshi Paddy Parboiling Through Its Proprietor Shri Khagendra Manhar, Vyapar Vihar, Ring Road No. 1, Bilaspur, Chhattisgarh 495001 4 - Shri Khagendra Manhar S/o Shri Ram Sewak Manhar Aged About 62 Years R/o Bhartiya Nagar, Bilaspur, Chhattisgarh 495001 ... Petitioner(s) versus 1 - Asrec India Limited Through Its Authorised Officer, Solitaire Corporate Park, Building No. 2, Unit No. 201-202 A And 200-202 B, Ground Floor, Andheri Ghatkopar, Link Road Chakala, Andheri (E), Mumbai 400093. 2 - Shri Praveen Chandra Dubey (Auction Purchaser) Dayalband Post Office Road, Opposite Shiv Mandir Bilaspur, (M. Corp), Bilaspur, Chhattisgarh 495001. 3 - Registrar Debt Recovery Tribunal, Jabalpur Office At 2nd And 3rd Floor, Sanchar Vikas Bhawan (B S N L Building), Near Head Post Office, Residency Road, Jabalpur (M.P.) 482001 ... Respondent(s) For Petitioner(s) : Shri Shivendra Pandey appears through VC and Shri Ashish Tiwari, Advocates. For Respondent No.2 : Ms. Aarti Tiwari, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.06.22 10:57:34 +0530 2 18/06/2026 1. The Writ Petition has been filed for the following reliefs:- i. Issue an appropriate writ, order or direction directing the Respondent No. 3 (Registrar, Ld. Debts Recovery Tribunal, Jabalpur) to take necessary administrative steps for giving effect to the withdrawal application filed by the petitioners in S.A. No. 283/2021, so that the petitioners may complete the formal requirements arising out of the settlement between the parties. ii. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. Learned counsel for the petitioner submits that Petitioner Nos. 1 and 3, through their respective proprietors, had availed financial assistance/credit facilities from the respondent bank by mortgaging the property owned by the petitioners as per the terms and conditions agreed between the parties. In pursuance thereof, the respondent bank sanctioned various credit limits in favour of the Petitioner Nos. 1 and 3 vide sanction letters dated 17.04.2010 and 08.01.2011.Due to sudden shift in market conditions and downfall in the paddy/rice business, the Petitioner Nos. 1 and 3 faced financial hardship, resulting in default in repayment of the dues of the respondent bank. Consequently, the loan accounts of the Petitioner Nos. 1 and 3 were classified as Non- Performing Assets (NPA) by the respondent bank. Thereafter, proceedings under the SARFAESI Act were initiated in respect of the secured asset including auction proceedings, wherein the private respondent/auction purchaser deposited a sum of Rs. 45,00,000/-, 3 being 25% of the auction sale consideration of Rs. 1,80,00,000/-. Being aggrieved by the measures initiated in respect of the secured asset the petitioners preferred Securitisation Application bearing S.A. No. 283/2021 before the Ld. DRT, Jabalpur on 17.08.2021. The Ld. DRT, Jabalpur (acting through Ld. DRT Lucknow having charge of Ld. DRT Jabalpur) was pleased to grant interim protection/stay vide order dated 03.09.2021. The said S.A. No. 283/2021 is still pending before the learned DRT, Jabalpur. With the passage of time, the financial condition of the petitioners improved, and the petitioners became ready and willing to settle the dues of the respondent bank. Accordingly, the petitioners submitted a settlement proposal/letter to the respondent bank on 16.02.2026. The respondent bank duly acknowledged the said proposal vide letter dated 25.02.2026, wherein the terms and conditions of settlement were also communicated to the petitioners. Thereafter, vide letter dated 02.03.2026, the respondent Bank acknowledged receipt of the payment made by the petitioners pursuant to the settlement and called upon the petitioners to fulfil the remaining conditions including withdrawal of all proceedings preferred by the petitioners against the respondent bank within the stipulated period, failing which the settlement was liable to be treated as infructuous/void. In order to comply with the terms and conditions of the settlement, the petitioners filed an application for withdrawal of pending S.A. No. 283/2021 before the Ld. DRT, Jabalpur on 26.03.2026. Thus, the 4 petitioners took all bona fide steps within their control for fulfilling the conditions mentioned in the settlement letter. It is relevant to mention herein that the post of Presiding Officer, DRT Jabalpur has fallen vacant w.e.f. 30.04.2026. He submits that at present, charge of DRT Jabalpur has been given to DRT Dehradun/Ahmedabad, however, Registar, DRT Dehradun has refused to take up the application of the petitioner for withdrawal of securitization application assigning reasons that it is only taking auction and possession matter, as such, application for withdrawal cannot be entertained. 3. Learned counsel for the petitioner submits that they have amicably settled the matter with Respondent-Bank and to this effect the Bank has issued a memo dated 25.02.2026 to the petitioners informing them to file consent terms and withdraw all the legal action filed by them in DRT, Jabalpur. As such, the petitioners have filed application for withdrawal of securitisation application. Considering the backdrop, it is prayed that appropriate direction may be issued to Respondent No.3. 4. Heard the parties and perused the documents available with the petition. 5. In the case at hand, petitioners and Bank-respondent have settled the matter with certain conditions in particular that the petitioners shall withdraw all the legal action filed by them in DRT Jabalpur, in compliance of which, the petitioners moved an application for withdrawal of securitization application before the DRT Jabalpur, 5 however, since the DRT Dehradun has taken over the charge of DRT Jabalpur, Registrar DRT, Dehradun has informed the petitioners that it is only taking auction and possession matter and cannot entertain their application for withdrawal of securitisation application. This compelled the petitioners to file this petition with a prayer to direct Respondent No.3 to take up the matter of the petitioner entertaining application for withdrawal of securitization application No.283 of 2021 filed on 26.03.2026. 6. Considering the limited prayer made by the petitioner, Respondent No.3 is directed to place the matter of the petitioner for withdrawal of Securitisation Application No.283/2021 before the DRT, Ahmedabad. This be done within a period of two weeks from the date of receipt of copy of this order. Further, the DRT, Ahmedabad is directed to consider the petitioner’s application for withdrawal of his Securitisation Application. 7. With the aforesaid observation/direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash