The High Court dismissed the writ petition challenging a DRT order, holding it not maintainable due to the availability of a statutory alternative remedy (DRT-Bank NPA dispute). Petitioners directed to approach the Debt Recovery Appellate Tribunal.
Writ petition dismissed; liberty to approach Debt Recovery Appellate Tribunal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5835/2020
----Petitioners
Versus
Bank Of India, Corporate Office At - Star House, Bandera Kurla Complex, Mumbai, Branch Office At - 47/148, Kiran Path Mansarovar, Jaipur.
----Respondent
For Petitioner(s) : Mr. Sangram Singh Shekhawat, Adv. (through Video Conferencing).
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
08/10/2020
The present writ petition has been filed by the petitioners challenging the order dated 27.09.2019 passed by the Debts Recovery Tribunal (DRT), Jaipur in O.A. No. 443/2018.
Learned counsel for the petitioners submitted that this Court may exercise extraordinary jurisdiction in the present matter as grave injustice has been caused to the petitioner.
Learned counsel submitted that the petitioners had purchased an insurance policy and during the said period burglary took place and as such the money was required to be paid by insurance company and the respondent-Bank was also party to the said agreement and as such money should have been
(2 of 2) [CW-5835/2020]
recovered from the insurance company and as such the account of the petitioner was wrongly declared as NPA.
This Court is afraid to accept the submissions of the learned counsel for the petitioners. The petitioners have statutory alternative remedy and order passed by the DRT, Jaipur is appealable before the Debt Recovery Appellate Tribunal.
This Court in the case of Pradeep Kumar Vs State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4219/2019) , decided on 07.03.2019, has already laid down the law.
Accordingly, the present writ petition is not maintainable and the same is dismissed. However, the petitioners are at liberty to approach the Debts Recovery Appellate Tribunal and move an appropriate application for grant of interim relief as well.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav /86/Parul Sharma
7
1 issue framed by the court
Whether the writ petition challenging the DRT order is maintainable despite the existence of a statutory alternative remedy.
Colour shows how this judgement treated each authority
Pradeep Kumar Vs State of Rajasthan & Ors.Referred¶19
Pradeep Kumar Vs State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4219/2019)
M/s Sophiya Handicrafts
Jagdish Naryan Kumawat
Bank Of India
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
