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Issues: Whether the High Court ought to have entertained a petition under Article 227 of the Constitution of India when the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 provided an alternative statutory appeal under Section 20 against the Tribunal's order directing sale of mortgaged property.
Analysis: The Act creates a special, self-contained procedure for recovery of debts due to banks and financial institutions and provides a hierarchy of remedies, including an appeal under Section 20. Where such an effective statutory remedy is available, judicial prudence requires the High Court to decline intervention under Articles 226 and 227. The order directing sale of mortgaged property was appealable, and the respondent was required to pursue the statutory appellate remedy instead of invoking supervisory jurisdiction.
Conclusion: The High Court should not have entertained the petition under Article 227, and the challenge ought to have been pursued before the forum provided under the Act.