1 CGHC010266052026 2026:CGHC:30567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3726 of 2026 1 - Seema Pandey W/o Shri Sanjay Pandey Aged About 46 Years R/o L I G -51 Deendayal Awas, Bahtarai Bilaspur District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - Bank Of Baroda Through- Authorised Officer Shri Prahlad Kumar Jha, S/o Shri Deo Chandra Jha Aged About 44 Years Bank Of Baroda Regional Office At Bank Of Baroda Bilaspur District- Bilaspur (C.G.) 2 - M/s Raghav Madhav Associates Through Its Proprietor Shri Rajneesh Seth Flat No 12 Kanha Heritage Ring Road No2 Bilaspur District- Bilaspur (C.G.) 3 - Shri Rajneesh Seth S/o Shri Jagdish Dayal Seth R/o House No A-15, Ward No-3 Near Ganesh Chowk Nehru Nagar, Bilaspur District- Bilaspur (C.G.) 4 - Recovery Officer - I I D R T Jabalpur Having Office At Sanchar Vikas Bhawan (B S N L Building) Residency Road Near Head Post Office South Civil Lines Jabalpur (Mp ) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 For Petitioner :- Mr. Shishir Dixit, Advocate For Respondent No.1 :- Mr. Ankit Singhal, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 20.07.2026 1. By the present petition the petitioner is challenging the proclamation of sale order dated 05.05.2026 (ANNEXURE-P/1) issued by the Respondent No. 4 in RC No. 265/2025 in pursuance of Recovery Certificate issued by learned Debt Recovery Tribunal Jabalpur in OA No. 1102/2021 vide order dated 24.7.2025, despite the fact that review petition bearing case no. MA 51/2025 is pending consideration before the Learned Debt Recovery Tribunal Jabalpur, as petitioner is not a borrower of loan and has fraudulently been made guarantor of said loan. 2. Following reliefs have been prayed in this petition:- “10.1 Issue a Writ of Certiorari or any other appropriate writ, order, or direction to quash and set aside the impugned proclamation of sale order dated 05.05.2026 (ANNEXURE- P/1) issued by the Respondent No. 4, in the interest of justice. 10.2 Issue a direction to the Learned Debt Recovery Tribunal at Jabalpur to decide the pending MA No. 51/2025, in the interest of justice. 3 10.3 Direct the respondent authorities to not to dispossess the petitioner from the property till the Review Application pending before DRT Jabalpur is decided and not to take any coercive step against the petitioner in the interest of justice. 10.4 Any other relief which this Hon'ble Court may deem fit be granted.” 3. Learned counsel for the petitioner submits that the petitioner has filed a review petition before the Debts Recovery Tribunal, Jabalpur, being M.A. No. 51 of 2025, which is pending consideration. It is submitted that the said review petition deserves to be decided as the petitioner was never a guarantor to the original borrower, and therefore, no coercive or recovery proceedings can be initiated against the present petitioner. 4. Learned counsel appearing for the respondent-Bank, at this stage, submits that though the proceedings have been initiated by the concerned Bank, only a notice for proclamation has been issued till date and the respondent-Bank is yet to proceed further for issuance of proclamation. It is, therefore, submitted that at this stage, there is no necessity for consideration of the application for interim relief. 5. Heard learned counsel appearing for the parties and perused the material available on record. 4 6. Considering the facts and circumstances of the case, this Court is of the view that the petitioner may avail the appropriate remedy by filing an appropriate application before the Debts Recovery Tribunal, Jabalpur, seeking urgent hearing of his pending review application. 7. Accordingly, the petitioner is directed to approach the concerned Debts Recovery Tribunal, Jabalpur, and upon such application being filed, the Tribunal shall consider and decide the same expeditiously, preferably within a period of three months from the date of receipt of such application. 8. With the aforesaid observation and direction, the present writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha