Dismissed

Sarita Kumari Dudi Wife of Shri Arvind Kumar v. District Magistrate

Rajasthan HC12 Mar 2024CW/3573/2024

Case brief

AI extract

What is this about?

The petition for writ relief regarding an order under the SARFAESI Act was dismissed because the petitioner bypassed the statutory remedy available at the Debt Recovery Tribunal. Liberty was granted to approach the DRT within one month.

What did the court decide?

Petition dismissed; liberty granted to approach DRT within one month ignoring limitation; pending stay application dismissed.

Sarita Kumari Dudi Wife of Shri Arvind… — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 3573/2024

¶3

Sarita Kumari Dudi Wife Of Shri Arvind Kumar, Aged About 44 Years, Resident Of Lbs Girls College, Divrala Road, Ajeetgarh Tehsil Srimadhopur District Sikar.

¶4

----Petitioner

¶5

Versus

¶6

District Magistrate, Neema Ka Thana.

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Namdev Finvest Private Limited, S-1, S-7, S-8 Second Floor, Srinath Plaza, Near Sagar Market, Ajmer Road, Bhankrota, Jaipur Through Authorized Officers Shri Vikram Singh.

¶8

M/s Arvind Udyog Shikshan Prakshishan Sansthan, C/o Arvind Kumar, Address - Lbs Girls College, Divrala Road, Ajeetgarh Tehsil Srimadhopur District Sikar, At Present Neema Ka Thana, Rajasthan 332701.

¶9

Lalchand Kansotiya Son Of Boduram Kansotiya, Resident Of Ward No.1, Basant Vihar Colony Ajeetgarh Tehsil Srimadhopur District Sikar, At Present Neema Ka Thana, Rajasthan.

¶10

----Respondents

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For Petitioner(s) : Mr. Dhruv Atri for Mr. Harendra Singh For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

¶13

Order

¶14

12/03/2024

¶15

Admittedly, the order passed by the District Magistrate under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act of 2002’) is appealable before Debt Recovery Tribunal (for short ‘DRT’).

¶16

[CW-3573/2024]

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(2 of 2)

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Without availing the alternative statutory remedy available to the petitioner under the provisions of the Act, 2002 before the DRT, the petitioner has approached straightway before this Court.

¶19

It is settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the authority concerned.

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In view of the above, instant petition stands disposed of granting liberty to the petitioner to approach the DRT by way of filing appropriate application against the impugned order dated 06.12.2023.

¶21

In case, such application / appeal is submitted by the petitioner within a period of one month from today, the DRT is expected to hear and decide the application on its merits after affording opportunity of hearing to all the respective parties, ignoring the period of limitation.

¶22

Stay application and all applications (pending, if any) also stand dismissed.

¶23

(ANOOP KUMAR DHAND),J

¶24

KuD/41

Sarita Kumari Dudi Wife of Shri Arvind Kumar v. District Magistrate

Case brief

What is this about?

What did the court decide?

Sarita Kumari Dudi Wife of Shri Arvind Kumar v. District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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