PINABEN UDAYBHAI SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the original petitioner has challenged the oral order dtd. 22/12/2022, by which the learned Single Judge has refused to entertain the petition only on the ground of availability of an alternative remedy available under Sec. 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002.

(2.) It is the case of the appellant-original petitioner that the order passed by the authority below, has been without giving the opportunity of hearing to the appellant, and therefore, the same is required to be quashed and set aside.

(3.) We are of the considered opinion that this contention and all other contentions can be raised before the appellate authority. Hence, we are in agreement with the observations made by the learned Single Judge. Accordingly, the appeal is dismissed. It is made clear that this Court has not gone into merits of the matter. It will be open for the appellant- original petitioner to prefer appropriate proceedings. In view of disposal of the main matter, civil application does not survive and stands disposed of, accordingly.