9911796707
TMI Blog2017 (1) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... to be adhered to steadfast. It may not be out of place to mention while parting with that during the pendency of section 14 proceedings before the District Magistrate, the present petitioner had moved Special Civil Application on the ground that all the conditions required under section 14(2) were not complied with. The said petition was dismissed with costs. Also is an aspect staring on the face of the record that the petition filed in the month of March, 2015 was not pursued and was not heard for admission. Subsequently, civil applications were filed raising urgency that the mortgaged properties are to be auctioned. For the aforesaid reasons, when the petition itself is not entertained by this court on the aforesaid ground, no furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o mention that at the stage of section 13(4), when the bank took the symbolic possession, the petitioner company had have already approached the Debt Recovery Tribunal by filling Securitisation Application No. 84 of 2014. The same is pending. The impugned order came to be passed in the meantime. 4. Various contentions were raised by learned advocate for the petitioner to submit that the order of the District Magistrate cannot be allowed to sustain, since the bank has no right to proceed against the petitioner company, which is situated in the Special Economic Zone. Other grounds were also raised including about valuation and about interest in the nature of lease-hold rights. All the contentions including the aspect of lease-hold rights c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , etc., the High Court must keep in mind that the legislations enacted by Parliament and State Legislatures for recovery of such dues are code unto themselves inasmuch as they not only contain comprehensive procedure for recovery of the dues but also envisage constitution of quasi judicial bodies for redressal of the grievance of any aggrieved person. Therefore, in all such cases, High Court must insist that before availing remedy under Article 226 of the Constitution, a person must exhaust the remedies available under the relevant statute. 5.1.1 Sounding caution, the Supreme Court observed further thus, ...despite repeated pronouncement of this Court, the High Courts continue to ignore the availability of statutory remedies under th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut proceedings and filing an appeal under Section 17 of the Act, to challenge the action of the Bank of taking symbolic possession of the properties. Therefore in respect of very subject matter dispute, a statutory remedy available to the petitioner has been availed by the petitioner. It will be open to the petitioner to agitate all the contentions and aspects before the Tribunal in the said appeal. Not only that, the petitioner would have still another opportunity to raise all the contentions for its worth after the District Magistrate passes order under Section 14 of the Act. 6.1 In light of all the above factual position, the conduct of the petitioner in invoking the writ jurisdiction is to thwart and delay the statutory actions tak ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
