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HIGH COURT OF DELHI
Date of Decision: 28.09.2018
VARINDER KUMAR GANDHI AND ANR. ..... Petitioners
Through: Mr. Raman Gandhi with Ms. Harsha Sharma, Advs.
Through: Mr. Rajiv Kumar, Adv. for R-3 & R-4
RANJEET MISHRA ..... Petitioner
Through: Mr. Raman Gandhi with Ms. Harsha Sharma, Advs.
Through: Mr. Rajiv Kumar, Adv. for R-3 & R-4
HON'BLE MR. JUSTICE V. KAMESWAR RAO RAJENDRA MENON, CHIEF JUSTICE (ORAL)
Allowed, subject to just exceptions.
The application stands disposed of.
2018:DHC:6303-DB
JUDGMENT
1. Having heard the learned counsel for the parties, we find that instead of challenging the order passed by the Debt Recovery Tribunal, these writ petitions have been filed by the petitioners directly under Article 226 of the Constitution without taking recourse to the statutory remedy available under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
2. Keeping in view the aforesaid, we dispose of both the writ petitions with the following directions:
(i) Petitioners are granted liberty to file an appeal before the Debt
(ii) On the same being done, the Debt Recovery Appellate Tribunal shall proceed to decide the matter in accordance with law.
(iii) For a period of four weeks interim order dated 25th September,
3. Accordingly, the writ petitions along with the pending applications stand disposed of.
CHIEF JUSTICE
V. KAMESWAR RAO, J
SEPTEMBER 28, 2018