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High Court Of ChhattisgarhWPC/2267/2018disposed off

M/S K.V. Enterprises v. D.C.B. Bank Limited

2018-08-08Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.2267 of 2018 M/s K.V. Enterprises, Proprietor, Hakeen Khan, S/o Sardar Khan, aged about 55 years, R/o House No.868, Ward No.39, Baijnathpara, Durg, Tahsil and District Durg (C.G.) ---- Petitioner

Versus

1. D.C.B. Bank Limited, Branch in front of Shri Bala Ji Hospital. G.E. Road, Kumhari, Tahsil and District Durg (C.G.)

2. District Magistrate-cum-Collector, Collectorate Building, G.E. Road, Durg, District Durg (C.G.)

3. Tahsildar, G.E. Road, Durg, District Durg (C.G.) ---- Respondents For Petitioner:

Mr. H.B. Agrawal, Senior Advocate with Mrs. Preeti Yadav, Advocate.

For Respondent No.1:

Mr. Bhavesh Acharya, Advocate, on advance copy. For Respondents No.2 and 3 / State:- Mr. Arun Sao, Deputy Advocate General, on advance copy.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/08/2018

1. Heard.

2. Learned Senior Advocate appearing for the petitioner submits that the securitisation application of the petitioner is pending before the Debts Recovery Tribunal in which time for filing reply of respondent No.1 Bank has been given up to 25-10-2018 and the petitioner has also prayed for interim relief in the said securitisation application and in the meanwhile, notice for dispossession has been issued to the petitioner.

3. The respondent Bank is represented.

4. Be that as it may, the petitioner is at liberty to move application for urgent hearing before the DRT and that will be considered by the DRT

expeditiously and the stay application will be heard by the DRT preferably on the same day on which the application for urgent hearing is filed, if possible, considering the fact that notice for dispossession has been issued to the petitioner. The petitioner is also at liberty to inform to the Tahsildar, Durg that this Court has directed hearing of their stay application expeditiously by the DRT.

5. With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

6.

Certified copy today.

Sd/- (Sanjay K. Agrawal) Judge Soma