High CourtsSingle Bench(2023) 09 KL CK 0007

Pouly @ Thressia vs Indian Overseas Bank

High Court Of Kerala · Decided on 4 September 2023

HON’BLE JUDGES
Dinesh Kumar Singh, J
RESULT
Dismissed
CASE NUMBER
Original Petition (DRT) No.27 Of 2020

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Judgment

5 paragraphs · 208 words

Dinesh Kumar Singh, J

1.

The present original petition under Article 226 of the Constitution of India has been filed seeking the following relief:

“On these and other grounds to be urged at the time of hearing, it is most humbly prayed that this Hon'ble Court may be pleased to set aside Exhibit P13 order dated 27 December 2019 in Securitisation Application No. 124 of 2019 the Debt Recovery Tribunal (1) Emakulam and allow Exhibit P9 Securitisation Application or in alternate remand the case to Debt Recovery Tribunal (1) Ernakulam for a de novo consideration after affording an opportunity for the Petitioners to adduce oral and documentary evidence in this case to secure ends of justice.”

2.

Though the case has been taken up in the revised call, no one is present on behalf of the petitioner to press this original petition. Even otherwise, this original petition is not maintainable inasmuch as the challenge in the original petition is the final order passed by the DRT against which there is an alternate remedy of appeal under Section 18 of the SARFAESI Act 2002.

3.

The present original petition is dismissed for non-prosecution as well as on the grounds of the availability of efficacious alternate statutory remedy of appeal.