The High Court of Patna dismissed an anticipatory writ petition filed by individuals challenging an order of the Debt Recovery Tribunal, holding that the remedy of appeal before the Appellate Tribunal was available and sufficient.
The writ application is disposed of with liberty to the petitioners to avail their remedy of appeal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12631 of 2012
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====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Prasad, Adv. For the Respondent/s : Mrs.Sheela Sharma, Adv., Mrs.Y.Madhvi and Mr. Shivendra Kumar Roy, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
2 30-07-2012 Petitioners have moved this Court against the order passed by the Debt Recovery Tribunal.
Under the Act, petitioners have a remedy by way of appeal before the Appellate Tribunal against the said order.
Accordingly, this writ application is disposed of with
liberty to the petitioners to avail their remedy of appeal.
Arvind/-
(Jayanandan Singh, J)
1 issue framed by the court
Whether the writ application should be dismissed given the availability of statutory appeal remedy against the Debt Recovery Tribunal order.
Most. Chandra Devi
Uma Shankar
Vishnu Shankar
U. Co. Bank, Sasaram Branch
Bipin Bihari Upadhyay
Jayanandan Singh
As recorded by the court registry
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