WPMS/214/2019
2022 Latest Caselaw 3803 UK

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                                  WPMS No. 214 of 2019
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Davesh Bishnoi, Advocate for the petitioner.

Mr. Ravi Bisht, Advocate, holding brief of Mr. Siddhartha Jain, Advocate for the respondent no. 1.

Heard learned counsel for the parties. Petitioner has challenged the final judgment passed by Debts Recovery Tribunal, Dehradun in T.A. No. 227 of 2018.

It is not in dispute that Bank of Baroda had filed original application under Section 19(1) of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the petitioner and respondent nos. 2 & 3. The said application was transferred upon creation of Debts Recovery Tribunal at Dehradun. The original application was allowed by Debts Recovery Tribunal at Dehradun vide judgment dated 26.12.2018, which is under challenge in this writ petition.

Since petitioner has a remedy of appeal under Section 20 of the aforesaid Act, therefore, the writ petition is dismissed on the ground of alternative remedy with liberty to petitioner to avail the statutory remedy, available to her in law.

(Manoj Kumar Tiwari, J.) 24.11.2022 Navin