HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
AND
HON'BLE DR. JUSTICE SHAMEEM AKTHER
Writ Petition No.1547 OF 2021
ORDER:(per Hon'ble Sri Justice A.Rajasheker Reddy)
This writ petition is filed for the following relief;
"....to issue an appropriate writ more in the nature
of Writ of Certiorari declaring the orders passed by
the Debts Recovery Tribunal, Hyderabad-I in SA
No.119/2020, dated 11.01.2021 as perverse and
unenforceable, passed in a mechanical way without
properly considering the pleadings of the petitioners
and quash the same and consequently set aside the
Sale through e-auction conducted by the 1st
respondent Bank on 08/09/2020 pursuant to the
Sale notice dated 18/8/2020, enabling the rescheduling of the Loan amount payable by the Petitioners in the interest of justice; and issue such other writ or order or direction as deemed fit and proper in the circumstances of case." Learned Counsel for petitioners submits that the Tribunal has not considered the Judgments of this Court and the orders passed in other writ petitions. But, however, he could not seriously disputes that the petitioners have alternate remedy under Section 18 of the SARFAESI Act, 2002.
Sri E.Madan Mohan Rao, learned senior counsel for 1st respondent Bank and Sri Azim Parbatani appearing for respondents 2 and 3 -auction purchasers, submits that petitioners have efficacious alternate remedy under Section 18 of the SARFAESI Act, 2002, as such, the writ petition cannot be entertained bypassing the alternate remedy.
Learned Counsel for petitioners tried to argue the matter on merits stating that the impugned order is not in accordance with law.
Petitioners can raise all their contentions before the Appellate Tribunal. It is settled law that alternate remedy is not a bar for entertaining the writ petition in certain contingencies like when the order is without jurisdiction or in violation of principles of natural justice. But, no extra ordinary circumstances are brought to our notice to entertain the writ petition bypassing the alternate remedy.
In the present case, we do not find that the impugned order is passed without jurisdiction and no such plea is raised by the petitioners. As far as non-consideration of orders passed by this Court in some writ petitions and Judgments of this Court is concerned, it is always open for the petitioners to raise the same before the Debts Recovery Appellate Tribunal.
Accordingly, the writ petition is disposed of granting liberty to the writ petitioners to avail alternate remedy as may be available to them under law. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
_______________________ A.RAJASHEKER REDDY, J ______________________ DR.SHAMEEM AKTHER, J Date: 07.07.2021 tk HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE DR. JUSTICE SHAMEEM AKTHER Writ Petition No.1547 of 2021 Date: 07.07.2021 tk