Sumit Agarwal v. Canara Bank

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18537/2025, CM APPL. 77027/2025 (stay) & CM APPL. 77028/2025 (exp.) SUMIT AGARWAL .....Petitioner Through:

Mr. Sunil Fernandes, Sr. Adv.

with Mr. Siddharth Sangal, Ms. Richa Mishra & Ms.

Shrishti Agarwal, Advs.

versus CANARA BANK .....Respondent Through:

Appearance not given.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 05.12.2025 1.

The present Writ Petition under Articles 226 and 227 of the Constitution of India has been filed by the Petitioner, invoking the Writ/Supervisory jurisdiction of this Court against the Impugned Order dated 15.10.2025 passed by the learned Presiding Officer, DRTII, New Delhi, in Appeal No. 21/2024. 2.

Admittedly, the Petitioner has an effective statutory remedy of appeal before the Debt Recovery Appellate Tribunal ["DRAT"] against the Impugned Order passed by the Debt Recovery Tribunal ["DRT"].

3.

In the considered view of this Court, once an effective alternative remedy is available, it would not be appropriate for a 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 08/12/2025 at 12:56:01

Constitutional court to grant interim relief without entertaining the petition on merits.

4.

At this stage, learned counsel for the Petitioner points out that the post of Chairperson, DRAT, Delhi, is presently vacant. The Chairperson, DRAT, Calcutta, has been given additional charge of DRAT, Delhi, who is regularly taking up appeals pending before DRAT, Delhi.

5.

The Petitioner has an available remedy before the DRAT, Delhi.

6.

Accordingly, the present writ petition, alongwith all pending application(s), if any, is disposed of with liberty to the Petitioner to approach the DRAT, Delhi, in accordance with law. ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

DECEMBER 5, 2025/v/kr 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 08/12/2025 at 12:56:01