Gujarat High Court
Alihussn vs Asset on 13 May, 2011
Gujarat High Court Case Information System
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SCA/6492/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6492 of 2011
=========================================================
ALIHUSSN
VOHRA P/A FOR SAYIADALI SALATMATALI - Petitioner(s)
Versus
ASSET
RECONSTRUCTION COMPANY (INDIA) LTD & 4 - Respondent(s)
=========================================================
Appearance
:
MR
NILESH A PANDYA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 13/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
It
is an admitted position that against the order passed by the DRT,
which is impugned in the present petition, there is a remedy
available to the petitioner by approaching before DRAT at Mumbai. The
petitioner has not exhausted the same. Under the circumstances, by
way of self- imposed restriction in exercise of power under Article
226 of the Constitution, the present petition is not entertained,
hence, dismissed.
It
is observed that if such an appeal is preferred before the DRAT,
rights and contentions of both the sides shall be made open.
(JAYANT
PATEL, J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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