Court No. - 7
Case :- WRIT - C No. - 41667 of 2018 Petitioner :- M/S Chand Rayan Hotel And Another Respondent :- The Distric Magistrate, Bijnor And 2 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Saumitra Dayal Singh,J.
1. Learned counsel for the petitioners has placed reliance on the recent decision of the Supreme Court in M/s Hindon Forge Private Ltd. & Another Vs. State of Uttar Pradesh & Another in Civil Appeal No. 10873 of 2018 decided on 01.01.2018.
2. Sri Sandeep Kumar Singh, learned counsel for the respondent-bank has raised a preliminary objection that against the order passed by the Debt Recovery Tribunal statutory alternative remedy is available to the petitioner.
3. In view of the above without making any observation as to the merits, the present writ petition is dismissed on the ground of availability of alternative remedy of appeal to the petitioner leaving it open to the petitioner to seek that remedy of appeal. Certified copy of the impugned order etc. may be returned to the learned counsel for the petitioner within next 48 hours.
Order Date :- 19.12.2018 S.Chaurasia