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Judgment
Not on board. Taken on board by way of praecipe.
The learned Counsel for the Petitioner states that the Petitioner is seeking to challenge the action taken by the Respondents-Secured Creditors under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The learned Counsel for the Petitioner states that the application is filed before the Debt Recovery Tribunal, however, no orders have been passed therein and the date of possession is notified.
Since the Petitioner is already before the DRT and also the Hon’ble Supreme Court in various decisions has emphasized that in these circumstances it would be appropriate to relegate the parties before the DRT, we are not inclined to interfere in the writ jurisdiction. If the date of possession is scheduled shortly as stated by the learned Counsel for the Petitioner and the application is pending, then we observe that if a request is made for early hearing of the application, the DRT will consider the request for early hearing sympathetically and take up the same for consideration on its own merits.
The writ petition is accordingly disposed of.
Since the Respondents are not before us, we keep all contentions of the parties open.