Mep Cotton Limited And ORS. v. State Bank Of India And ORS.

dgm 1 501-wp-6323-17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6323 OF 2017 MEP Cotton Ltd and ors.

.... Petitioners vs State Bank of India and ors.

.... Respondents Mr. Ghanshyam Upadhayay i/by Law Juris for the petitioners None for the respondents CORAM: B. R. GAVAI & RIYAZ I. CHAGLA, JJ.

DATE : June 13, 2017 P.C. :

The Petition challenges the order dated 16.03.2017 passed by the Debt Recovery Tribunal-II, Ahmedabad.

The Debt Recovery Tribunal, Ahmedabad would come under the supervisory jurisdiction of the High Court of Gujarat. It is the Gujarat High Court which will have the jurisdiction under Article 227 to entertain a challenge to the correctness or otherwise of a proceeding of a tribunal subordinate to it. Even while exercising the jurisdiction under Article 226 for issuance of writ of certiorari, it is 1/2

dgm 2 501-wp-6323-17.sxw again the High Court of Gujarat at Ahmedabad which will have the jurisdiction to entertain such a challenge.

In that view of the matter, we find that the present Petition is not tenable on the ground of territorial jurisdiction. The writ petition is therefore rejected without affecting the right of the Petitioner to approach an appropriate forum.

(RIYAZ I. CHAGLA J.) (B. R. GAVAI J.) 2/2