1. Whether personal liberty enshrined under Article 21 of the Constitution of India is violated, in view of Article 11 of the International Covenant on Civil and Political Rights, by issuing a show cause notice for arrest and detention of a judgment debtor, while executing a decree under Section 25(b) of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, read with Regulation 35(1) of Debts Recovery Tribunal- II Chennai Regulations 2015 or not? Whether the High Court, while exercising jurisdiction under Article 226 of the Constitution of India can interfere in recovery proceedings, de hors the availability of appeal remedy under the relevant statute or not? are the issues to be decided.

2. Admittedly, the writ petitioner and his wife, Directors of the Company have suffered a decree in O.A.No.61 of 2011 dated 17.10.2012 on the file of the Debts Recovery Tribunal, Chennai. The decree passed on merits, after contest has become final, and no appeal has been preferred. The respondent Bank sought to execute the decree in DRC No.209/2012. During the pendency of the recovery proceedings, the writ petitioner offered for a One Time Settlement (OTS) by a letter dated