2001 (8) TMI 1240

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....nbsp; Dhruv Mehta, Ms. Shobha, Ms. Anu Mehta, Saptrishi Ghosh and S.K. Mehta for the Appellant. V.J. Francis for the Respondent. ORDER 1. Special leave granted. 2. In the instant case, a suit was filed by the appellant for recovery of money from the principal debtor as well as the guarantors. The suit was transferred to the Debts Recovery Tribunal and thereafter on 17-5-1996 decree was....

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....ing that as the mortgaged property was situated in Chennai the Debts Recovery Tribunal had no territorial jurisdiction in respect thereto and it could not have directed sale of mortgaged property. It, accordingly, held that the Bank would be at liberty to proceed against defendant No. 4, respondent herein, in appropriate forum for recovery of debts by sale of mortgaged property. Hence this appeal.....

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.... and this fast track procedure cannot be allowed to be derailed either by taking recourse to proceedings under articles 226 and 227 of the Constitution or by filing a civil suit, which is expressly barred. Even though a provision under an Act cannot expressly oust the jurisdiction of the Court under articles 226 and 227 nevertheless when there is an alternative remedy available judicial prudence d....