Deccan Co-Operative Spinning Mills Employees Co-Op., Credit Society Limited v. Recovoery Officer, Debts Recovery Tribunal And ORS.

Mhi 1 WP-12739-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12739 OF 2015 Deccan Co-operative Spinning Mills Employees Co-op. Credit Society Ltd. ...

Petitioners Vs.

Recovery Officer, Debts Recovery Tribunal, Pune & Ors. ...

Respondents Mr.Umesh J.Desai, for the Petitioners.

Ms.Nisha Mehra, AGP, for the State.

CORAM:

RANJIT MORE & SMT.SADHANA S.JADHAV, JJ.

DATE : 23rd AUGUST, 2017.

P.C.

Having heard the learned counsel for the petitioners, we find that the orders impugned in this Writ Petition are appealable to the Appellate Tribunal under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993. Since the petitioners are having an alternative remedy, we are not inclined to entertain this Petition in exercise of our writ jurisdiction under Article 226 of the Constitution of India. The Petition is, therefore, dismissed.

2.

Needless to state that the time spent by the petitioners in prosecuting the present Petition shall be taken into consideration while considering an application seeking condonation of delay, if any, in filing

Mhi 2 WP-12739-15.sxw such appeal as contemplated under section 14 of the Indian Limitation Act. [SMT. SADHANA S.JADHAV, J.] [RANJIT MORE,J.]