(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) These two writ petitions are filed against the decision of the Recovery Officer, by which the objections raised by the petitioner, in both the matters, have not been taken care properly according to petitioner. The proceedings arise out of the Securitization Act.
Initially, the proceedings filed under the Recovery of Debts Due to Bank and Financial Institutions Act,1993 wherein the Tribunal had passed a decree. Subsequently, in connection with the decree, the Debt Recovery Officer put the property to auction. The auction purchaser has already deposited part of the amount. The petitioner had raised various objections before the Recovery Officer, but the said objections were negatived, against which present writ petitions are filed.
It is argued by learned counsel appearing for the petitioner in both the matters that Recovery Officer has not considered the objections at all and had passed a mechanical order and the said order is without jurisdiction, which can be considered by this Court in a writ petition.
In our view, even if the Recovery Officer has not considered the objections or has gone beyond the original order, by which decree is passed by the Tribunal, it is always open to the petitioner to approach the Debt Recovery Tribunal against the order of the Recovery Officer by way of appropriate proceedings by resorting to provisions of Section 30 of the Act.
Since adequate alternative remedy is available to the petitioner, we would not like to entertain present writ petitions at this stage, in order to enable the petitioner to take appropriate recourse in this behalf. Therefore, we deem it proper to extend the interim relief for a period of 3 weeks from today, with a view to enable the petitioner to take out appropriate proceedings as available under the law.
It is clarified that we are not expressing any opinion on merits. If any proceedings are undertaken by the petitioner, it is for the concerned authority to take appropriate decision in accordance with law.
Subject to what is stated hereinabove, present writ petitions are disposed of. Direct service is permitted.
A certified copy of this order may be made available to the petitioner without delay.
(P. B. MAJMUDAR, J.) (PARESH UPADHYAY, J.) (vipul) Top