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R. MAHADEVAN, MOHAMMED SHAFFIQ
K. Letchoumy Kanagarajan Proprietrix – Appellant
Versus
Registrar, The Debts Recovery Appellate Tribunal – Respondent
ORDER :
MOHAMMED SHAFFIQ, J.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of Declaration, declaring that the guidelines issued by the 1st respondent in F.No.E3/01/2022/DRAT dated 07.02.2023 as being contrary to law and principles of justice and and to consequently direct the 1st respondent to entertain the petitioner's urgent petitions for hearing interim petitions ex parte without insisting for pre-notice on the respondent.
The present writ petition is filed challenging the guidelines dated 07.02.2023 issued by the 1st respondent herein in F.No.E-3/01/2022/DRAT insofar as it disables the petitioner from moving the Debt Recovery Appellate Tribunal, Chennai for ex parte interim orders.
2. Before we proceed to examine the challenge to the impugned guidelines, it may be relevant to set out very briefly the facts, which read as follows:
The court established that the power of the Tribunal to grant ex-parte interim orders inheres in it, and any guidelines imposing restrictions on this power are invalid.
It is settled law that Tribunal has power to do everything which is incidental or ancillary for proper exercise of jurisdiction vested in it.
The main legal point established in the judgment is that the period of limitation for filing an application to set aside an ex-parte order before the Tribunal shall be 30 days, and there would be no ....
Powers of High Court under Article 226 cannot be invoked in matter of recovery of dues under Act, unless there is any statutory violation resulting in prejudice to party or where such proceedings or ....
When alternative statutory remedies are available, a writ petition under Article 226 is not maintainable, particularly in financial recovery matters under the SARFAESI Act, unless exceptional circums....
The main legal point established in the judgment is that while the Tribunal has the power to impose reasonable costs, it cannot impose conditions that negate the purpose of adjudication. The judgment....
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