M/S Azad Fire Works Pvt. Ltd. Thru. ... vs Debts Recovery Tribunal And 3 ...
2022 Latest Caselaw 10655 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 5390 of 2022
 

 
Petitioner :- M/S Azad Fire Works Pvt. Ltd. Thru. Director Mohd. Rafiq Azad And 3 Others
 
Respondent :- Debts Recovery Tribunal And 3 Others
 
Counsel for Petitioner :- Ashish Saxena
 
Counsel for Respondent :- Sharad Tewari
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

Heard Shri Ashish Saxena, learned counsel for the petitioners and Shri Ashok Tiwari, learned counsel who has put in appearance on behalf of opposite parties Nos.2 to 4.

Debt Recovery Tribunal has already adjudicated upon the issues between the parties. Learned counsel for the petitioners has submitted that even after reserving the judgment, certain additional documents and written statement were entertained by the Debt Recovery Tribunal and thereby the procedure adopted by the Tribunal clearly prevented the petitioners of a reasonable opportunity to rebut the written submissions and the documents taken on record additionally.

All these pleas/objections are available to the petitioners before the appellate forum. The judgment rendered by the Debt Recovery Tribunal is appealable, thus, we decline to entertain the writ petition with the liberty to the petitioners for availing the appellate remedy.

Accordingly, the writ petition is dismissed with the above observation.

It is clarified that the amount deposited by the petitioners under the one time settlement scheme shall be accounted for towards the outstanding liability.

Order Date :- 18.8.2022

ML/-