HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No. 13422 of 2014 Dated: 28.04.2014 Between:
M/s.Radha Madhav Marketing Pvt. Ltd., Rep. by its Joint Managing Director, Sri D.Suresh Babu and another.
…..Petitioners And Debt Recovery Tribunal, Visakhapatnam, Rep. by its Registrar and five others ....Respondents The Court made the following :
HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No. 13422 of 2014 ORDER : (per Hon'ble Sri Justice Ashutosh Mohunta) Heard.
2. Learned counsel for the petitioners submits that the petitioners have already filed appeal before the Debt Recovery Appellate Tribunal against the order passed by the Debt Recovery Tribunal, Visakhapatnam in R.P.No.108 of 2013 in O.A.No.241 of 2010.
3. As the petitioners have already filed an appeal before the Debt Recovery Appellate Tribunal, the present writ petition is not maintainable. Even otherwise, in view of the disputed questions of fact, the present writ petition is not maintainable. The petitioners are at liberty to raise all the contentions as raised in this writ petition before the Debt Recovery Appellate Tribunal.
4. In view of the above, the writ petition is dismissed. No order as to costs.
5. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
ASHUTOSH MOHUNTA, J M. SATYANARAYANA MURTHY, J 28th April 2014.
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