WPMS/502/2022 of RASOOL PUBLIC SCHOOL SAMITI PEERZADGAN Vs AUTHORISED OFFICER PRATHAMA U P GRAMIN BANK BRANCH ALIPUR

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||||WPMS No.502 of 2022<br>**Hon’ble Sharad Kumar Sharma, J.**<br>Mr.<br>Tarun<br>Pande,<br>Advocate<br>for<br>the<br>petitioner.<br>Mr. Siddharth Jain, Advocate for the<br>respondents.<br>The<br>petitioner<br>being<br>faced<br>with<br>the<br>proceedings under the SARFAESI Act, by way of<br>issuance of notice on 03.08.2021, had it belated<br>stage resorted to the proceedings under Section 17<br>by approaching before the DRT by filing S.A. no.33<br>of 2022. The same is pending consideration.<br>During the intervening period the possession<br>notice has been issued by the respondents in the<br>exercise of powers under Section 13 (8) to be read<br>with Rule 8 of the SARFAESI Act. The petitioner<br>is apprehending that in pursuance to the possession<br>notice in all probability, the respondents may<br>proceed against him.<br>But looking to the circumstances of the case<br>and the factual aspect as it is involved, since the<br>notice itself was of 03.08.2021, the petitioner has<br>approached the DRT in 2022, no interference could<br>be made by this Court, particularly when the<br>principle proceedings are pending consideration<br>before the DRT.<br>Since the petitioner has already moved, an<br>appropriate application before the DRT pending in<br>S.A. No.33 of 2022, the same is directed to be<br>considered by the DRT in accordance with law and<br>pass an appropriate order on the same within a<br>period of three weeks from the date of presentation<br>of certified copy of this order.<br>Subject to the aforesaid observations, the writ<br>petition stands disposed of.<br> <br> **(Sharad Kumar Sharma, J.)**<br> 22.03.2022<br>Arti|