BANKIM SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Counsel for the petitioner submits that during pendency of this Art. 226 petition the petitioner has been served with a notice under S. 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. He prays for an interim order for a limited period so that the petitioner may appeal to the Debts Recovery Tribunal under S. 17 of the Act.

(2.) In my opinion, the entire remedy, if any, of the petitioner is before the Debts Re-covery Tribunal. He is entitled to seek in-terim relief before the Tribunal. There is no scope for making an interim order for a lim-ited period in exercise of power under Art. 226. An interim order is to be made only in an aid of final relief. An interim order can-not be made for enabling a party to appeal to the statutory appellate forum. Interim order, if any, is to be made only by such forum. For these reasons, the petition is dismissed making it clear that nothing herein shall pre-vent the petitioner from appealing to the Tri-bunal under S. 17 of the Act and seeking ap-propriate interim relief., No costs. Certified xerox.