ORDER

Order No. 20.08.2024

02. 1. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

2. Heard Mr. Sourya Sundar Das, learned Senior Advocate appearing for the Petitioner.

3. In pursuance of the order dated 08.08.2024, Mr. Sourya Sundar Das, learned Senior Advocate placed the decisions in case of Bhopal Thapa -Vrs.- Girijesh Tiwari and others reported in AIR 2015 Gauhati 10 wherein it is held that in case of existence of any fraudulent act, the bar under section 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereafter ‘1993 Act’) would not be applicable and the High Court can entertain the writ petition. It is further held that there is no question of preferring an appeal by the plaintiff against the judgment and decree passed by the DRT because the plaintiff was not made a party by the proceeding. Learned Sr. counsel further placed reliance in the matter of M/s. Hindustan Ferro & Industries Ltd., and another -Vrs.- Debt Recovery Tribunal Allahabad and another reported in AIR 2001 Allahabad 155 wherein it is held that the provisions of section 18 of the 1993 Act bars the jurisdiction of the other courts or authority i