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W.P.(C) 7120/2017
HI-POINT INVESTMENT AND FINANCE PVT. LTD. & ORS
Petitioners
Through: Mr. Nitish K. Sharma, Advocate.
Through: None.
•W.P.(C) 7123/2017
ERA HOUSING DEVELOPERS (INDIA) LTD. & ANR. Petitioners
Through: Mr. Sumit Pargal and Mr. Shivanlcur Shukla, Advocates.
HI-POINT INVESTMENT AND FINANCE PVT. LTD. & ANR.
Petitioners
Through: Mr. Sumit Pargal and Mr. Shivankur Shukla, Advocates.
HON'BLE MR. JUSTICE CHANDER SHEKHAR
12.07.2018 2018:DHC:8570-DB M/s High Point Investment and Finance Private Limited and Era Housing
Developers (India) Limited have filed the present writ petitions impugning the orders passed by the Recovery Officer, Debt Recovery Tribunal-1, Delhi, dated 6"' April, 2017, 4"^ July, 2017 and 8"^ January, 2017, in Recovery Certificate Nos. 238/2015, 368/2016 and 276/2016.
ORDER
2. It is an accepted and admitted position that the aforesaid orders can be challenged by way of appeal before the Debt Recovery Appellate Tribunal under Section 20 ofthe Recoveiy ofDebts Due to Banks and Bankruptcy Act, 1993.
3. Only ground and reason given by the petitioner for not taking re-course to the appellate remedy is that the appellate remedy is improper and also burdensome. The aforesaid explanation has not been further elaborated and explained by the petitioners.
4. Counsel for the petitioners, in fact, urges that Section 30 read A'i'ith Section 30A of the Recovery of Debts Due to Banks and Banlcruptcy Act, 1993 would not apply to appeals, if preferred, as the provisions are not retrospective. We make no comments on the said submission, but keeping in view the statement made and efficacious-statutory right of appeal, we are not inclined to bypass and ignore the same.
5. Recording the aforesaid, we dismiss the present writ petitions, but clarify that we have not made any comments on merits. Petitioners may take recourse to right to statutory appeal. No Costs. Dasti.
SANJIV KHANNA, J. CHAN^^^^EKHAR, J. JULY 12, 2018/MR ^ V