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2008 Supreme(SC) 1380

TARUN CHATTERJEE, AFTAB ALAM
MARIAMMA ROY – Appellant
Versus
INDIAN BANK – Respondent


( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against the judgment and final order dated 25th of October, 2006 passed by a learned Judge of the High Court of Kerala at ernakulam in W. P. (C)No. 22642 of 2006 by which the writ petition was dismissed on the ground of availability of an alternative remedy to the appellant.

( 3 ) WE have heard the learned counsel for the parties and examined the impugned order as well as the other materials on record. After examining the impugned order as well as the materials on record, we are of the view that the order of the High Court cannot be sustained. Before the High Court, the appellant sought to contend that before passing the impugned order, the appellant was not at all issued with any notice. The High Court, however, without going into the question whether the notice was at all served on the appellant or not, dismissed the writ petition only on the ground that the appellant has got a right of appeal against the impugned order under the provisions of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. In our view, the High Court was not justified in passing the impugned order on the aforesaid ground. It is well sett

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