LAKHI BHERWANI Vs. FULLERTON INDIA CREDIT COMPANY LTD.

JUDGEMENT

(1.) This writ petition has been preferred on behalf of the petitioners being aggrieved with the order dated 9.8.2021 passed by the Debts Recovery Tribunal, Jaipur (for short 'the DRT') in SA No.197/2021, whereby certain interim directions have been issued.

(2.) In response to the query raised by this Court as to whether the impugned order is appeallable before the DRAT as per Section 18 of the SARFAESI Act, learned counsel for the petitioners has submitted though the statutory remedy of appeal is available to the petitioners, however, since the impugned order is without jurisdiction and the DRT has granted the reliefs, which were even not been prayed before it, this Court can very well interfere in this writ petition under Article 226 of the Constitution. In support of the above contention, learned counsel for the petitioners has placed reliance on the decisions of the Hon'ble Supreme Court rendered in Industrial Credit and Investment Corporation of India Ltd. v. Grapco Industries Ltd. and Others, reported in AIR 1999 SC 1975 and State of W.B. and others v. Ashit Nath Das and others, reported in AIR 1988 SC 729. Having heard learned counsel for the petitioners and after going through the material available on record, I am of the opinion that when the statutory remedy of appeal is available to the petitioners, the writ petition under Article 226 of the Constitution of India is not liable to be interfered with.

(3.) The Hon'ble Supreme Court in the case of United Bank of India v. Satyawati Tondon and Ors., reported in AIR 2010 SC 3413 has deprecated the practice of the High Courts in interfering with the matters falling under the SARFAESI Act and has observed as under:-