Petitioner challenged an ex parte order of the Debt Recovery Tribunal, Lucknow under Article 226. Citing the Supreme Court's ruling that such petitions are impermissible where statutory appellate remedies exist, the court held the writ unsustainable.
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Neutral Citation No. - 2024:AHC-LKO:31986
Court No. - 19
Case :- WRIT - C No. - 3718 of 2024
Petitioner :- Shiv Prakash Shukla
Respondent :- Punjab And Sindh Bank Branch Sohramau, Unnao,Competent Officer/Chief Manager And 3 Others Counsel for Petitioner :- Amit Chowdhry,Aniket Srivastav,Anil Sharma
Counsel for Respondent :- Sharad Kumar Shukla
Hon'ble Subhash Vidyarthi,J.
Order Date :- 24.4.2024 Himanshu
Digitally signed by :- HIMANSHU SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable to challenge an ex parte decree of the Debt Recovery Tribunal when an appellate remedy under the SARFAESI Act is available.
Colour shows how this judgement treated each authority
PHR in Re Sparkle Sorter Pvt Ltd (SARFAESI)Relied on
PHR In Re Sparkle Sorter Pvt Ltd (SARFAESI) SL No. 8867 of 2022
1 provisions across 1 enactments
Shiv Prakash Shukla
Punjab And Sindh Bank Branch Sohramau, Unnao
Competent Officer/Chief Manager
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
