M/S. J C Krupa Cotton Ginning ... vs M/S Indian Overseas Bank And 2 ...
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       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

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