SAVITHIRI AGARWAL Vs. KNITTWAY KNITTERS

JUDGEMENT

(1.) Heard Mr. A. L. Somayaji, the learned senior counsel appearing for the respondent who would focus the attention of this Court with regard to the maintainability of this revision under Article 227 of Constitution of India relying on a ratio decidenti in Sadhana Lodh-v- National Insurance co. , Ltd and another, 2003 AIR(SC) 1561. The learned Senior counsel would contend that the order passed in I. A. No.730 of 2002 is under challenge by way of this revision petition whereas the Recovery of Debts Due to Banks financial Institutions Act 1993 (15 of 1993) (hereinafter referred to as "the said Act") provides an appeal against the orders of the Debt Recovery Tribunal under Sec.20 of the said Act and that without availing the remedy of filing an appeal as provided under Sec.20 of the said Act, the revision petitioners have filed this revision petition which is not maintainable as per the dictum in Sadhana Loh-v-National Insurance Co. Ltd and another, 2003 AIR(SC) 1561 wherein the law laid down by the Honourable Apex court is as follows:

(2.) In fine, the revision petition is dismissed with a liberty to the revision petitioner to avail an appeal remedy as provided under Sec.20 of the said Act. No costs. Consequently, connected M. P. No.2 and 3 are also dismissed. Time for the purpoe of limitation will run from today.