Alkama Bag Centre And Others vs Authorized Officer And Others

Sushrut Arvind Dharmadhikari, J

This writ petition under Article 226 of the Constitution of India has been filed by the petitioners assailing the order dated 10.5.2023 passed by the DRT, Jabalpur, as also the order dated 18.5.2023, whereby eviction warrant has been issued by the Tehsildar.

On perusal of the writ petition, it seems that this has been filed against the IDFC First Bank Limited, which is not the State within the meaning of Article 12 of the Constitution of India, therefore, this writ petition is not maintainable. However, the petitioners have an alternative efficacious remedy of filing an appeal before the DRAT under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

At this stage, learned counsel for the petitioners seeks leave of this Court to withdraw the writ petition with liberty to approach the DRAT, within two weeks from today and file the appeal.

In the meanwhile, no coercive action be taken against the petitioners for a period of two weeks from today.

With the aforesaid liberty, this petition is dismissed as withdrawn. Certified copy as per rules.