Disposed¶19

Sumit Agarwal v. Canara Bank

Delhi HC5 Dec 2025W.P.(C)/18537/2025

Case brief

AI extract

What is this about?

Sumit Agarwal v. Canara Bank, W.P.(C) 18537/2025, Delhi High Court, order dated 05.12.2025; writ under Articles 226/227 against DRT-II New Delhi order dated 15.10.2025 in Appeal No. 21/2024; alternative remedy doctrine; effective statutory remedy of appeal before DRAT; interim relief declined; writ disposed with liberty to approach DRAT Delhi; DRAT Delhi Chairperson vacancy noted, Chairperson DRAT Calcutta holding additional charge; Bench: Anil Kshetarpal and Harish Vaidyanathan Shankar, JJ.; respondent Canara Bank appearance not given.

What did the court decide?

Liberty to the Petitioner to approach the DRAT, Delhi, in accordance with law; writ petition disposed of alongwith all pending application(s), if any. ¶19

Sumit Agarwal Vs Canara Bank — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Liberty to the Petitioner to approach the DRAT, Delhi, in accordance with law; writ petition disposed of alongwith all pending application(s), if any.

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Issue for consideration

Whether, in view of the availability of an effective alternative statutory remedy of appeal before the DRAT, it is appropriate for this Constitutional court to entertain the writ petition and/or grant interim relief without deciding it on merits.

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Court's answer

Once an effective alternative remedy is available, it would not be appropriate for a Constitutional court to grant interim relief without entertaining the petition on merits.

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Ratio / Principle

The writ petition, alongwith all pending application(s), if any, is disposed of with liberty to the Petitioner to approach the DRAT, Delhi, in accordance with law, the Petitioner having an available remedy there.

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Key takeaways

Noted as context for the direction: the post of Chairperson, DRAT, Delhi, is presently vacant, and the Chairperson, DRAT, Calcutta, has been given additional charge and is regularly taking up appeals pending before DRAT, Delhi.obiter¶17

Detailed headnote1 paragraphs

Delhi High Court (Anil Kshetarpal and Harish Vaidyanathan Shankar, JJ.), by order dated 05.12.2025 in W.P.(C) 18537/2025, disposed of a writ petition under Articles 226 and 227 of the Constitution of India filed by Sumit Agarwal against the order dated 15.10.2025 of the learned Presiding Officer, DRT-II, New Delhi, in Appeal No. 21/2024. Holding that once an effective alternative remedy is available it would not be appropriate for a Constitutional court to grant interim relief without entertaining the petition on merits, and observing that the Petitioner has an available remedy before DRAT, Delhi (whose Chairperson's post is vacant, with the Chairperson, DRAT, Calcutta holding additional charge and regularly taking up pending appeals), the Court disposed of the writ petition with all pending applications, granting liberty to the Petitioner to approach DRAT, Delhi, in accordance with law. Canara Bank did not enter appearance.

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$~18

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 18537/2025, CM APPL. 77027/2025 (stay) & CM APPL. 77028/2025 (exp.)

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SUMIT AGARWAL .....Petitioner

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Through: Mr. Sunil Fernandes, Sr. Adv. with Mr. Siddharth Sangal, Ms. Richa Mishra & Ms. Shrishti Agarwal, Advs.

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versus

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CANARA BANK .....Respondent Through: Appearance not given.

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CORAM:

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HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

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O R D E R % 05.12.2025

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The present Writ Petition under Articles 226 and 227 of the Constitution of India has been filed by the Petitioner, invoking the Writ/Supervisory jurisdiction of this Court against the Impugned Order dated 15.10.2025 passed by the learned Presiding Officer, DRTII, New Delhi, in Appeal No. 21/2024.

¶12

Admittedly, the Petitioner has an effective statutory remedy of appeal before the Debt Recovery Appellate Tribunal [“ DRAT ”] against the Impugned Order passed by the Debt Recovery Tribunal [“ DRT ”].

¶13

In the considered view of this Court, once an effective alternative remedy is available, it would not be appropriate for a

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This is a digitally signed order.

¶15

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 12:56:01

¶16

Constitutional court to grant interim relief without entertaining the petition on merits.

¶17

At this stage, learned counsel for the Petitioner points out that the post of Chairperson, DRAT, Delhi, is presently vacant. The Chairperson, DRAT, Calcutta, has been given additional charge of DRAT, Delhi, who is regularly taking up appeals pending before DRAT, Delhi.

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The Petitioner has an available remedy before the DRAT, Delhi.

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Accordingly, the present writ petition, alongwith all pending application(s), if any, is disposed of with liberty to the Petitioner to approach the DRAT, Delhi, in accordance with law .

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ANIL KSHETARPAL, J.

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HARISH VAIDYANATHAN SHANKAR, J. DECEMBER 5, 2025/ v /kr

¶22

This is a digitally signed order.

¶23

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 12:56:01

Sumit Agarwal v. Canara Bank

Case brief

What is this about?

What did the court decide?

Sumit Agarwal v. Canara Bank

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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