Dismissed

M/S Meena Gas Agency v. Bank of Baroda, Branch Kotputli

Rajasthan HC14 Feb 2024SAW/146/2024

Case brief

AI extract

What is this about?

A D.B. Special Writ Appeal filed by a gas agency challenging a High Court order dated 30.11.2023 that dismissed their writ petition seeking quashing of a Debt Recovery Tribunal order. The High Court Bench dismissed the appeal, holding the writ petition was not maintainable since the order is appealable before the Debt Recovery Tribunal.

What the court decided

AI extract

M/S Meena Gas Agency Vs Bank of Baroda… — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 146/2024

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M/s Meena Gas Agency, Dhabla Road, Kotputli, District- Jaipur Its Proprietor Mr. Ashok Kumar Meena Son Of Shri Haripal Meena, Aged About 53 Years, Resident Of National Highway No. 8, Putli, Khasra No. 766, Kotputli, District Jaipur (Raj.)

¶4

----Appellant

¶5

Versus

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Bank Of Baroda, Branch Kotputli, C/o Hotel Sukh Sagar, Nh-8, Kotputli, District- Jaipur Through Its Senior Branch Manager, Kotputli, District- Jaipur (Raj.)

¶7

Bank Of Baroda, Regional Officer (Jaipur Region), 1St, Floor, Baroda Bhawan, Plot No. 13, Air Port Plaza, Durgapura, Jaipur (Raj.)

¶8

Bank Of Baroda, Baroda Bhawan, Commercial Branch, Tonk Road, Jaipur Through Its Chief Menager-CumAppellant Authority, Jaipur (Raj.)

¶9

Bank Of Baroda, Head Office, Suraj Plaza-I, Sayaji Ganj, Baroda Through Its Managing Director, Baroda.

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----Respondents

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For Appellant(s) : Mr. Dinesh Yadav For Respondent(s) : Mr. Harjeet Sharma

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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14/02/2024

¶15

Appellant has preferred this appeal aggrieved by order dated 30.11.2023 passed by learned Single Judge.

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It is contended by counsel for the appellant that only a petty amount is under dispute and the appellant should not be forced to approach the Debt Recovery Tribunal, when pursuant to an interim order passed by the Court, some amount have been deposited.

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[SAW-146/2024]

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(2 of 2)

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We have considered the contentions and perused the impugned order.

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The present writ petition has been filed seeking quashing of order dated 30.11.2023. The said order passed by Debt Recovery Tribunal can be assailed in appeal, as the Debt Recovery Tribunal Act provides for appeal.

¶21

Since, the order passed by the Debt Recovery Tribunal is appealable, the Learned Single Judge has rightly dismissed the writ, relegating the appellant to file the alternate remedy. We do not find any error in the impugned order passed by the learned Single Judge, hence, the present appeal being devoid of merit is accordingly, dismissed.

¶22

(BHUWAN GOYAL),J

¶23

(PANKAJ BHANDARI),J

¶24

HEENA/32

M/S Meena Gas Agency v. Bank of Baroda, Branch Kotputli

Case brief

What is this about?

What the court decided

M/S Meena Gas Agency v. Bank of Baroda, Branch Kotputli

Case brief

What is this about?

What the court decided

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