Back
UMESH A. TRIVEDI, CHEEKATI MANAVENDRANATH ROY
Lalit Chimanlal Rao – Appellant
Versus
Punjab National Bank – Respondent
ORDER :
UMESH A. TRIVEDI, J.
1. This Petition is filed under Articles 226 and 227 of the Constitution of India, challenging the judgment and order dated 13.03.2024 passed by the Debts Recovery Appellate Tribunal at Mumbai (hereinafter referred to as ‘DRAT’) in Appeal No.78 of 2014. A prayer for interim order of staying the operation, effect and implementation of the same is also prayed for, with further making interim prayer not to proceed against the property described as third floor “Shailabh” Building, near Sunrise Park, Vastrapur, Ahmedabad along with even status quo qua third floor as well, in Recovery Proceedings No.388 before the Recovery Officer, Debt Recovery Tribunal, Ahmedabad (hereinafter referred to as ‘DRT’).
2. The brief facts, as coming out from the impugned order, can be summarized as under:
2.1. Oriental Bank of Commerce had filed Original Application (hereinafter referred to as OA) against M/s Kashiparekh Construction Private Limited & Ors. for recovery of Rs.54,01,670/-. The OA was allowed on 30.03.2000 as per the consent terms filed by the parties. The copy of consent terms though not produced separately, it has been mentioned extensively in the judgment and order
The main legal point established in the judgment is the principle that when there is an alternate remedy available, courts should refrain from exercising jurisdiction under Articles 226 and 227 of th....
The central legal point established in the judgment is the importance of upholding consent terms, the obligations of the parties, and preventing deliberate obstruction of recovery proceedings.
The main legal point established in the judgment is the need to exhaust statutory remedies before seeking relief under Article 226 of the Constitution of India, particularly in matters involving the ....
The petitioners, lacking legal ownership of the property, must adhere to statutory remedies under the SARFAESI Act prior to seeking relief from the High Court.
Once a party submits to the jurisdiction of the DRT and suffers an order, they cannot pursue their remedy before the Civil Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
