Manoj Kumar v. Bank Of India

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5060/2026 & CM APPL. 24810/2026 MANOJ KUMAR .....Petitioner Through:

Mr. Rohit Gautam & Ronak Karanpuria, Advs. (VC) versus BANK OF INDIA .....Respondent Through:

Mr. Santosh Kumar Rout, SC

CORAM:

HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR

O R D E R

% 16.04.2026 CM APPL. 24811/2026 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Accordingly, the application stands disposed of. W.P.(C) 5060/2026 3.

The present writ petition has been filed under Article 226 and 227 of the Constitution of India seeking the following reliefs : " a) Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned final order dated 19.06.2018 passed by Respondent No. 2 Debts Recovery Tribunal-I, Delhi in O.A. No.

367/2015, the Recovery Certificate dated 19.06.2018 issued in R.C. No. 215/2018, and all consequential proceedings/actions taken by Respondent No.3 Recovery Officer-II, DRT-I, Delhi, including but not limited to orders dated 09.09.2025, 28.10.2025, 12.12.2025 and 11.02.2026, directing attachment of Flat No.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:37:53

110, Mahagun Maple, Sector-50, Noida, issuance of attachment warrants, show cause notices and arrest warrants against the Petitioners, being illegal, arbitrary and in violation of principles of natural justice;

b) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

4.

In the present writ petition, the impugned order dated 19.06.2018 has been passed by the Debts Recovery Tribunal. In view of the availability of an alternative statutory remedy, the Petitioner is required to approach the Debts Recovery Appellate Tribunal. 5.

Learned counsel for the petitioner prays to withdraw the present writ petition with liberty to approach the Debt Recovery Appellate Tribunal in accordance with law.

6.

With the aforesaid liberty, the present petition is disposed of as withdrawn.

VIVEK CHAUDHARY, J RENU BHATNAGAR, J APRIL 16, 2026/pr/my The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:37:53