Court No. - 29
Case :- SPECIAL APPEAL No. - 272 of 2019 Appellant :- Anil Kumar Gupta Respondent :- Debt Recovery Tribunal And 3 Others Counsel for Appellant :- Brijesh Kumar Kesharwani Counsel for Respondent :- A.S.G.I.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner-appellant.
The petitioner-appellant has preferred this appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against the order of the Writ Court dated 23.1.2019 by which the writ petition has been dismissed.
An order was passed on 31.1.2003 by the Debt Recovery Tribunal. This order was not challenged by the petitioner- appellant initially either in appeal or in any other forum. Thereafter a consequential order was assailed by the petitioner by filing a writ petition in the year 2004. The said writ petition remained pending for a very long time. During its pendency, after about 16 years the petitioner-appellant moved an application for amending the writ petition so as to challenge the basic order dated 31.1.2003. The application for amendment as well as the writ petition has now been dismissed by the Writ Court holding that the petitioner cannot be permitted to amend the writ petition so as to challenge the order which has already become time barred and since the writ petition is directed against a consequential order, the petitioner-appellant is not entitled to any relief.
This apart, the Writ Court also observed that both the basic and consequential order were appealable and there appears to be no justification for not filing the appeal.
In view of the aforesaid reasoning given by the Writ Court, we do not find that any illegality has been committed by the Writ Court in rejecting the amendment application and dismissing the writ petition.
The appeal is devoid of merit and is dismissed.
Order Date :- 26.2.2019 Brijesh