ORAL ORDER
(PER : HONOURABLE MR.JUSTICE R.M.CHHAYA)
Heard Mr.Keyur Gandhi, learned advocate for Nanavati Associates for the petitioners and Mr.Navin Pahwa, Sr. Advocate with Mr. Shalin Jani, learned advocate for Shardul Amarchand Mangaldas & Co. for respondent no.1 on caveat.
By this petition under Article 226 of the Constitution of India, the petitioners have challenged order dated 05/02/2019 passed by Debt Recovery Tribunal-1, Ahmedabad passed in Original Application No.651 of 2018.
It was submitted by the learned counsel appearing for the parties that as per the earlier
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order passed by this Court in SCA No. 3852 of 2019, the Tribunal has already adjourned all the matters. Considering the judgment of the Hon'ble Apex Court in the case of Authorized Officer, State Bank of Travancore and Another vs. Mathew K.C. reported in (2018) 3 SCC 85, alternative, efficacious and effective remedy before the appellate tribunal is available. As alternative efficacious remedy before the Debt Recovery Appellate Tribunal is available to the petitioner, the petition is not entertained on merits. It is however, clarified that this Court has not expressed any opinion on merits.
As the petitioner is relegated to the alternative remedy by filing an appeal, if any application for adjournment is preferred by the petitioner, the same shall be considered by the DRT sympathetically. Even at the cost of repetition, it is provided that the appellate authority as well as DRT shall deal with the matter in its own merits and without in any manner influenced by any observation made in this order as this Court has not dealt with the merits of this case.
Present petition stands disposed of accordingly. Direct service permitted.
(R.M.CHHAYA, J)
(V. B. MAYANI, J)
BIJOY B. PILLAI
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