MADAN MOHAN PANDEY S/O LATE K.L. PANDEY PERMANENT, R/O VILL. Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF FINANCE, NEW DELHI

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner is aggrieved by the order dated 18.08.2009 (Annexure-4) passed by the learned Debts Recovery Tribunal, Patna, whereby the Miscellaneous Application No. 6 of 2004 filed on behalf of the petitioner has been rejected for the reasons recorded there in that order.

(3.) Though learned counsel appearing on behalf of the petitioner has raised various issues of facts and law with respect to the validity and correctness of the impugned order dated 18.08.2009 (Annexure-4), but the learned counsel appearing on behalf of the secured creditor- State Bank of India (respondent no.3) at the very outset has raised the question of maintainability of the present writ petition at this stage on the ground of availability of statutory alternative remedy of appeal to the petitioner in terms of Sec. 20 of The Debts Due to the Banks & Financial Institutions Act, 1993 (In short, '1993 Act').