The High Court dismissed a writ petition challenging a Debt Recovery Tribunal order as not maintainable. The Court held the provision requires exhausting the remedy of appeal before the Debt Recovery Appellate Tribunal under the 1993 Act.
Writ petition dismissed; liberty granted to avail remedy of appeal under Section 20 of the 1993 Act.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.18721 of 2011 Date of Decision: 04.10.2011
Amarjit Bansal
…Petitioner
Versus
State Bank of India and others
…Respondents
CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE G.S.SANDHAWALIA
Present: Mr. Pawan Kumar, Sr. Advocate, with Mr. Vishal Sharma, Advocate, for the respondents.
HEMANT GUPTA, J.(Oral)
Challenge in the present writ petition is to an order passed by the Debt Recovery Tribunal, Chandigarh on 26.08.2011 in an appeal against an order of the Recovery Officer.
We find that the order passed by the Debt Recovery Tribunal is an appealable order before the Debt Recovery Appellate Tribunal in terms of Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
In view of the said fact, the present writ petition is dismissed as not maintainable. However, the petitioner is at liberty to avail the remedy of appeal under the aforesaid Act.
(HEMANT GUPTA) JUDGE
04.10.2011 Vimal
(G.S.SANDHAWALIA) JUDGE
1 issue framed by the court
Whether a writ petition challenging an order of the Debt Recovery Tribunal is maintainable given Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 provides an appea
Amarjit Bansal
State Bank of India
Hemant Gupta
G.S. Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
