SUSHRUT ARVIND DHARMADHIKARI,J. - (1.)This petition has been filed seeking direction to the respondents No.1 and 2 to open the lock of the premises in question.
(2.)The petitioner had taken loan from respondent No.3 and since, the same could not be returned on time, the respondent No.3 has proceeded and initiated proceedings against the petitioner, against which the petitioner has already approached the Debt Recovery Tribunal, Jabalpur in S.A. No.12/2023, which is an application under Sec. 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The learned Tribunal vide order dtd. 6/2/2023 has entertained the second appeal and has also passed the interim order to the effect that the auction proceedings shall not be concluded by the respondents, which is scheduled on 15/2/2023 till further orders.
(3.)The grievance of the petitioner is that the petitioner had already moved an application for restoration of physical possession of the property in question, but the learned Tribunal observed in the order that the said application shall be heard at the time of final hearing only.