YUGAL KISHORE Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Since the order passed by the Debts Recovery Tribunal can be challenged under Sec. 18 of the SARFAESI Act, 2002, before the Debts Recovery Appellate Tribunal, therefore, this Court is not inclined to entertain this writ petition.

(2.) Hon'ble Supreme Court in the case of United Bank of India Vs. Satyawati Tondon, (2010) 8 SCC 110, followed by Celir LLP Vs. Bafna Motors (Mumbai) Private Ltd. and others, (2024) 2 SCC 1, has repeatedly held that High Court should not entertain a writ petition where the petitioner has an effective remedy before the Debts Recovery Tribunal.

(3.) Paragraphs 97 and 98 of the judgment rendered by the Hon'ble Supreme Court in Celir LLP (Supra) are extracted below for ready reference :