The High Court dismissed a writ petition challenging the dismissal of an amendment plea before the Debt Recovery Tribunal. The Court held the writ petition was not maintainable as the order was appealable under the SARFAESI Act.
No order as to costs. Miscellaneous petitions pending, if any, dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND
THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No.5127 of 2014
ORDER: (Per the Hon’ble Sri Justice Ashutosh Mohunta)
The petitioner has impugned the order dated 31-12-2013 passed by the Debt Recovery Tribunal, Hyderabad, vide which petition filed under Order VI Rule XVII of Code of Civil procedure for amendment was dismissed.
The aforesaid order is appealable before the Debt Recovery Tribunal, under Section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Assets Act, 2002 (for short the ‘SARFAESI Act’) and hence, this writ petition is not maintainable.
Accordingly, the writ petition is dismissed and the petitioner if so advised, may take recourse to the statutory remedy as provided under the SARFAESI Act. There shall be no order as to costs..
Miscellaneous Petitions pending, if any, shall stand dismissed.
________________________ ASHUTOSH MOHUNTA,J.
M. SATYANARAYANA MURTHY,J .
Date : 03-03-2014 Rds
THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA
AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No.5127 of 2014 Date : 03.03.2014
Rds
1 issue framed by the court
Whether the writ petition challenging the dismissal of an amendment petition before the Debt Recovery Tribunal is maintainable.
1 provisions across 1 enactments
The Petitioner
The Debtor
Ashutosh Mohunta
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
