Court No. - 59
Case :- WRIT - C No. - 10580 of 2004 Petitioner :- Anil Kumar Gupta Respondent :- Debt Recovery Tribunal Allahabad And Others Counsel for Petitioner :- R.S.Pandey,Arun Kumar Gupta,Manish Dev Singh,Rajesh Kesarwani,Yogish Kumar Saxena Counsel for Respondent :- S.S.C.,K.M. Asthana,L.M. Ashthana,S.K. Pandey,Sandeep Arora,Tarun Varma,Y.K.Saxena Hon'ble Surya Prakash Kesarwani,J.
Learned counsel for the petitioner is not ready to argue the case on merit.
In the writ petition, a consequential order has been challenged against which the petitioner has an alternative remedy under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993. An order dated 31.01.2003 was also passed by the Debt Recovery Tribunal, Allahabad, which has always been within the knowledge of the petitioner. The petitioner has not challenged that order. That order was also appealable. Now, after about 16 years, the amendment application dated 12.09.2014 is being pressed by the learned counsel for the petitioner for challenging the aforesaid order.
The limitation for filing appeal to challenge the aforesaid order dated 31.01.2003 has expired about 16 years ago. The provisions of amendment cannot be used to defeat the statutory period of limitation provided in Section 20 of the Act.
By order dated 31.03.2004, the recovery proceedings against the petitioner has been directed to be kept in abeyance. The petitioner is enjoying the aforesaid interim order even though he merely challenged a consequential order of recovery dated 27.01.2004.
Under the circumstances, the interim order dated 31.03.2004 is vacated and the writ petition is dismissed. The amendment application no. 307597 of 2014 is also rejected.
After this order was dictated in open Court, Sri Manish Dev Singh, learned counsel for the petitioner states that the petitioner wants to challenge the order dated 31.01.2003 by filing appeal under Section 20 of the Act and, therefore, liberty may be granted.
Suffice it to observe that it is always open to the petitioner to avail such remedy as may be available to him under law. No order is required to be passed in this regard.
Order Date :- 23.1.2019/ V.S.Singh