Arun Pratap Singh vs Debts Recovery Tribunal Lko And 7 ...
2022 Latest Caselaw 8947 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- WRIT - C No. - 4947 of 2022
 

 
Petitioner :- Arun Pratap Singh
 
Respondent :- Debts Recovery Tribunal Lko And 7 Others
 
Counsel for Petitioner :- Ajey Singh
 
Counsel for Respondent :- Krishan Kanhaya Pal,Prashant Kumar
 

 
Hon'ble Manish Kumar,J.

Heard Shri Ajey, Singh, learned counsel for the petitioner, Shri Alok Saxena, learned counsel for the respondent Bank and Shri Prashant Kumar, learned counsel for the private respondents.

Present petition has been preferred to quash the impugned judgment and order dated 02.06.2022 passed by respondent no. 1 i.e. Debts Recovery Tribunal at Lucknow in S.A. No. 915 of 2019 whereby the sale certificate dated 17.10.2018 has been rejected by the respondent no. 2.

Learned counsel for the respondent Bank has raised a preliminary objection regarding maintainability of the present petition as the petitioner has an alternative statutory remedy to file an appeal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as, the Act, 2002).

At this stage, learned counsel for the petitioner has submitted that the present petition may be disposed of with liberty to the petitioner to avail the alternative remedy provided under Section 18 of the Act, 2022.

Considering the submissions advanced on behalf of the respective parties and without entering into the merit of the case, the present writ petition is disposed of with a liberty to the petitioner to avail the remedy as permissible under the law.

Order Date :- 2.8.2022

Ashish