Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the High Court could invoke writ jurisdiction under Articles 226 and 227 of the Constitution of India to set aside the DRT's final order in a collateral proceeding when the respondent had an appellate remedy under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
Analysis: The respondent's grievance was that cross-examination of the deponent had been refused, resulting in an alleged breach of natural justice. That objection could have been raised in an appeal against the final order passed by the DRT. The availability of a statutory appeal meant that the respondent could not bypass that remedy and directly approach the High Court in collateral proceedings to challenge the final order on the same ground.
Conclusion: The invocation of writ jurisdiction was unjustified, and the challenge ought to have been pursued by appeal under Section 20 of the Act.