M/S Ang Industries Ltd. v. Citibank N.A And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2376/2020 & CM Nos.8294/2020 (by the petitioner for stay) & 8295/2020(by the petitioner for exemption) M/S ANG INDUSTRIES LTD.

..... Petitioner Through Mr.G.P. Madan, Adv.

versus CITIBANK N.A AND ANR.

..... Respondents Through None.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 16.03.2020 1.

The petitioner is aggrieved by an order dated 30.08.2019, passed by the Presiding Officer, Debts Recovery Tribunal-II, disposing of an application moved by the respondents under Section 19 of the Recovery of Debts due to Banks & Financial Institutions Act, 1993 (in short, Act).

2.

We may note that the Registry has listed this matter with an objection as to its maintainability in view of the fact that the petitioner has a statutory remedy available under the Act. 3.

Learned counsel for the petitioner states that the petitioner having gone into liquidation, an appeal would not lie. He further W.P.(C) 2376/2020

states that as the amount involved is huge and the petitioner/Company has gone into liquidation, the present petition has been filed in the High Court.

4.

This can hardly be a ground for this court to entertain this petition. As a statutory remedy is available to the petitioner, it is open to it to approach the Debts Recovery Tribunal for appropriate relief. 5.

The present petition is dismissed as not maintainable along with the pending applications.

HIMA KOHLI, J.

SUBRAMONIUM PRASAD, J.

MARCH 16, 2020/aa W.P.(C) 2376/2020