Gujarat High Court Case Information System
Print
SCA/7694/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7694 of 2008
=========================================================
M/S
VASANT DYEING & PRINTING WORKS & 1 - Petitioner(s)
Versus
ARCIL
& 2 - Respondent(s)
=========================================================
Appearance
:
MR
VISHWAS K SHAH for
Petitioner(s) : 1
- 2.
MR
ANIP A GANDHI for
Respondent(s) : 1,
SERVED
BY RPAD - (N) for
Respondent(s) : 2,
MR
KM PANSARI for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 22/09/2008
ORAL
ORDER
The
petitioners by this petition have challenged the order passed by the
Debts Recovery Tribunal dated 23.6.2008 below Application Ex. A/71
in O.A. No.211/99.
Upon
hearing Mr.Shah, learned Counsel for the petitioners and Mr.Gandhi,
learned Counsel for respondent No.1, it is apparent that against the
impugned order, the petitioners have statutory remedy of approaching
the Debts Appellate Tribunal. The petitioners have not exhausted
the said remedy.
However,
Mr.Shah, learned Counsel appearing for the petitioners, attempted to
contend that the order is wholly without jurisdiction, since there
is no hypothecation agreement. As such, in view of the reasons
recorded at para 3 of the order, such contention cannot be
countenanced.
Hence,
the present petition is not entertained, since the petitioners have
not exhausted the remedy available to him under the statute. It is
clarified that if such remedy is resorted to by the petitioners, the
Appellate Tribunal shall be at liberty to take independent view of
the matter, without being, in any manner, influenced by the order of
this Court.
Disposed
of accordingly. Notice discharged. I.R., if any, stands vacated.
22.9.2008 (Jayant
Patel, J.)
vinod
Top