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2007 Supreme(All) 525

ASHOK BHUSHAN
NASEEM BANO – Appellant
Versus
PRESIDING OFFICER, DEBT RECOVERY TRIBUNAL, ALLAHABAD – Respondent


Advocates appeared:
Kushal Kant for the Petitioner; Tarun Varma, K.M. Asthana, V. Kumar for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—Heard Sri Kushal Kant, learned Counsel for the petitioners and the learned Counsel appearing for the respondents 1 and 3.

2. By this writ petition the petitioners have prayed for quashing the order dated 3.9.2002 passed by the Recovery Officer, Debt Recovery Tribunal, Allahabad and order dated 30 11.2006 passed by the Debt Recovery Tribunal dismissing the appeal No. 224 of 2002 filed against the order of the Recovery Officer.

3. Learned Counsel appearing for the respondents raised a preliminary objection with regard to entertainability of this writ petition. Learned Counsel for the respondents submitted that the petitioners have statutory remedy of filing an appeal before the appellate tribunal under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the order dated 30.11.2006 passed by the Debt Recovery Tribunal hence the writ petition need not be entertained by this Court under Article 226 of the Constitution. Reliance has been placed on Division Bench judgement Delhi High Court reported in II (2004) Banking Cases 348 (DB) continental Construction Ltd. &. Ors State Bank of India & ors.

4. Learned Counsel





















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