ZIYAD A. vs THE STATE BANK OF INDIA & ANR.

Heard the counsel for the appellant and the Standing Counsel appearing for the respondents.

The appellant filed the writ petition challenging the proceedings initiated by the Bank under the SARFAESI Act. By the judgment under appeal,

learned Single Judge disposed of the writ petition granting instalment facility to the appellant obviously, to enable him to liquidate the liability. It is

this judgment, which is impugned before us.

Although various contentions seems to have been urged in the pleading and reiterated before us, having regard to the fact that none of the

arguments were raised or argued before the learned Single Judge, we are not persuaded to examine the same. However, the learned counsel for

the appellant sought a clarification that the judgment under appeal may not stand in the way of the appellant in moving the Debt recovery Tribunal

for appropriate reliefs.

According to us, the legal right to move the Debt Recovery Tribunal is always available to the appellant. Therefore, we clarify that the judgment

under appeal would not be a bar for the appellant to approach the Debt Recovery Tribunal. The writ appeal is disposed of as above.