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Rajesh Kumar Pandey vs.uco Bank and Ors - Court Judgment

LegalCrystal Citation
CourtDelhi High Court
Decided On
AppellantRajesh Kumar Pandey
RespondentUco Bank and Ors
Excerpt:
.....certificate, to approach the drat.3. it is pertinent to note that the petitioner has already filed an appeal before the drat registered as appeal no.73/2016, which is stated to be pending even as on date. it is now for the petitioner to approach the said w.p.(c)10469/2016 page 1 of 2 forum either in the pending appeal or otherwise, for appropriate orders. this court declines to entertain the present petition as an alternate remedy of filing an appeal has been provided for under the statute.4. the petition is dismissed alongwith the pending applications. hima kohli, j november04 2016 rkb/ap w.p.(c)10469/2016 page 2 of 2
Judgment:

$~26. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10469/2016 and CM APPL. 41064-41065/2016 1. RAJESH KUMAR PANDEY ........ Petitioner

Through: Mr. Bankim Kulshreshtha, Advocate versus UCO BANK AND ORS Through: None ........ RESPONDENTS

CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The petitioner has assailed an order dated 25.10.2016 passed by the ORDER

0411.2016 DRT III, dismissing an application filed by him for continuing the status quo order dated 18.04.2016 passed in T.A. 123/2002 and for granting status quo in respect of his immovable property, till the final disposal of the applications pending before the said Forum.

2. It has been enquired from learned counsel for the petitioner as to whether the impugned order is assailable before the DRAT under the Statute, to which the reply is in the affirmative. Counsel for the petitioner however states that the petitioner is not in a financial position to pay 75% of the amount of the Recovery Certificate, to approach the DRAT.

3. It is pertinent to note that the petitioner has already filed an appeal before the DRAT registered as Appeal No.73/2016, which is stated to be pending even as on date. It is now for the petitioner to approach the said W.P.(C)10469/2016 Page 1 of 2 Forum either in the pending appeal or otherwise, for appropriate orders. This Court declines to entertain the present petition as an alternate remedy of filing an appeal has been provided for under the Statute.

4. The petition is dismissed alongwith the pending applications. HIMA KOHLI, J NOVEMBER04 2016 rkb/ap W.P.(C)10469/2016 Page 2 of 2


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