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2013 DIGILAW 868 (JHR)

Kanhaiya Kumar Jha v. Manager, U. B. I, Bokaro

2013-07-19

P.P.BHATT

body2013
ORDER Petitioners by way of filing the present writ petition under Article 227 of the Constitution of India, have challenged the order passed by D.R.T, Ranchi in the instant writ application. 2. There is statutory remedy as provided under Section 20 and Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the orders under challenge in the instant writ application. 3. It appears that present petitioners have approached this Court by way of filing writ petition under article 227 without availing/exhausting any efficacious statutory remedy provided under Recovery of Debts Due to Banks and Financial Institutions Act 1993. 4. In view of judgment delivered by the Hon'ble Apex Court in case of United Bank of India Vs. Satyawati Tandon reported in (2010)8 SCC 110 the present writ petition is not maintainable and accordingly required to be disposed of by permitting the petitioners to approach before appropriate authority as provided under the Act. . 5. The learned counsel for the petitioners submitted that the petitioners are likely to be evicted from a house which is not the subject matter of the recovery proceedings, under the pretext of orders passed by the D.R.T., Ranchi. It is also submitted that the property is being sold to the non-bidder. These two submissions raised by the learned counsel for the petitioners is are disputed by the learned counsel for the respondents. Since, the alternative efficacious remedy is provided under the Act, the petitioner is required to raise all the issues which have been raised under the present petition including the above referred two points before the appropriate forum. 6. Accordingly, the writ petition stands disposed of with a permission to the petitioner to raise all the issues/grounds including the above referred two points which has been raised in the present petition before the appropriate forum. 7. Learned counsel for the petitioners lastly submitted that he will approach the appropriate authority at the earliest upon receipt of the copy of the order passed by this Court, but at least till Monday I.e.22.7.2013 the respondents may be directed not to take any coercive measure in respect of their residential house. 8. Learned counsel appearing for the respondents fairly submitted that they will instruct their clients/authorities concerned not to take any coercive steps till Monday i.e. 22.7.2013 so as to enable the petitioners to approach before the appropriate court/forum. 9. 8. Learned counsel appearing for the respondents fairly submitted that they will instruct their clients/authorities concerned not to take any coercive steps till Monday i.e. 22.7.2013 so as to enable the petitioners to approach before the appropriate court/forum. 9. Accordingly, writ petition stands disposed of, with a permission to the petitioners to file proceedings before appropriate froum.