Manmohan Khanduja v. The District Magistrate
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 986 of 2019
1. Manmohan Khanduja S/o Shri Dharampal Khanduja, Aged About 63 Years R/o House No. 37/9, Nehru Nagar (East) Bhilai, Tehsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh
2. B.S.R. Super Specialty Hospital Limited, A Company Incorporated And Registered Under The Provisions Of The Companies Act, 1956 And Having Its Registered Office At - Smriti Nagar, Junwani Road, Bhilai, District Durg Chhattisgarh, Through Its Directors And Authorized Signatory -(I) Manmohan Khanduja (Ii) Neera Khanduja, Both R/o House No. 37/9 Nehru Nagar (East ) Bhilai, Tehsil And District Durg Chhattisgarh (Iii) Rohitash Khanduja, R/o House No. 36/6, Nehru Nagar (East) , Bhilai, District Durg Chhattisgarh.
---- Petitioner
Versus
1. The District Magistrate Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh
2. Small Industries Development Bank Of India ( Sidbi) Having Its Head Office At Sidbi Towers, 15 Ashoka Marg, Lucknow - 226001 And Inter Alia A Branch Office At 2nd Floor, Chawla Complex, Sai Nagar, Devendra Nagar Road, Raipur Chhattisgarh- 492009 ---- Respondent For Petitioners : Shri Jaydeep Singh Yadav, Advocate.
For Respondent : Shri Rajesh Singh, Deputy GA.
Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 20/03/2019 :
1. In view of the judgment rendered by the Supreme Court in the matter of M/s Hindon Forge Pvt. Ltd. & Anr. Vs. The State of Uttar Pradesh through District Magistrate Ghaziabad & Another {2018 (14) SCALE 543}, the subject matter of challenge in this writ petition is required to be agitated before the jurisdictional DRT under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest
Act, 2002. It is ordered accordingly.
2. Needless to say, it will remain open for all the parties to agitate all questions, both factual and legal before the DRT.
3. The Writ Petition is accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Barve