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H. S. THANGKHIEW
Abhi Coke Private Limited – Appellant
Versus
Industrial Development Bank of India Ltd. – Respondent
| Table of Content |
|---|
| 1. revision petition under article 227. (Para 1) |
| 2. allegations of natural justice violation. (Para 2) |
| 3. background: loan default and tribunal proceedings. (Para 3) |
| 4. review application filed by petitioners. (Para 4) |
| 5. tribunal's error in rejecting application. (Para 5) |
| 6. justification for invoking article 227. (Para 6) |
| 7. respondent's argument on compliance. (Para 7) |
| 8. assessment of natural justice claims. (Para 8) |
| 9. presence of alternative remedy discussed. (Para 9) |
| 10. dismissal of revision petition. (Para 10) |
| 11. no order as to costs. (Para 11) |
JUDGMENT :
H.S. Thangkhiew, J.
1. This revision petition under Article 227 of the Constitution of India, has been filed assailing the impugned orders dated 05.12.2017 allowing O.A. No. 25 of 2017 and order dated 30.08.2021, rejecting a review application being RA. No. 1/2018 in O.A. No. 25 of 2017, by the learned Debts Recovery Tribunal, Guwahati.
2. The petitioners have alleged that in the proceedings before the Debts Recovery Tribunal, there has been a flagrant abuse of the principles of natural justice and that there is error of law patent on the face of the record, which has resulted in the miscarriage of justice. The allegat
The court emphasized the importance of following the procedural requirements under the R.D.B. Act, 1993 and the availability of alternative remedies before approaching the High Court directly.
Orders made by Debts Recovery Tribunal are appealable under Section 20 of the Recovery of Debts and Bankruptcy Act, prohibiting judicial intervention absent exhaustion of statutory remedies.
Violation of natural justice principles necessitates judicial intervention, allowing a writ petition despite alternative remedies.
The lack of a functioning tribunal constitutes a denial of access to justice, warranting intervention under Articles 226 and 227.
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