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Judgment
Cheekati Manavendranath Roy, J
This Writ Petition for mandamus is filed to declare the action of respondent No.3 in issuing impugned notice, dated 25.05.2022, under Rule 73 of II Schedule of the Income Tax Act, 1961 r/w. Section 25(b) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short, “the Act, 1993”), while the application to set aside the recovery certificate order in M.A.No.101 of 2019 in O.A.No.194 of 2017 on the file of the Debts Recovery Tribunal, Visakhapatnam, is pending, as illegal and consequently, sought to set aside the impugned notice directing the 4th respondent to decide the M.A.No.101 of 2019 in O.A.No.194 of 2017 expeditiously.
Heard learned counsel for the petitioners and learned counsel for the 2nd respondent.
Challenge in this Writ Petition is to the impugned notice, dated 25.05.2022, issued under Rule 73 of II Schedule of the Income Tax Act, 1961 r/w. Section 25(b) of the Act, 1993.
It is the grievance of the petitioners that while the petition filed by them to set aside the recovery certificate order in M.A.No.101 of 2019 is pending on the file of the Debts Recovery Tribunal that the impugned notice has been issued. Considering the said grievance of the petitioners, this Court is of the considered view that the petitioners have got an effective efficacious remedy by way of approaching the Debts Recovery Tribunal under Section 30 of the Act, 1993 challenging the impugned notice on the aforesaid grounds. They have approached this Court invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India without exhausting the remedy available to them under Section 30 of the Act, 1993.
Therefore, the Writ Petition is disposed of with a direction to the petitioners to approach the Debts Recovery Tribunal under Section 30 of the Act, 1993 for redressal of their grievance. Till they approach the Debts Recovery Tribunal seeking redressal of their grievance, no coercive steps shall be taken against the petitioners. The petitioners shall approach the Debts Recovery Tribunal within two weeks from the date of this order. Failing which, the aforesaid order of not to take any coercive steps stands vacated. No costs.
Consequently, miscellaneous applications, pending if any, shall also stand closed.