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Supreme Court Of India

Hon'ble Judge(s): B. N. Kirpal, N. Santosh Hegde , JJ

Recovery of Debts Due to Banks and Financial Institutions Act (51 of 1993) , S.20— Constitution of India , Art.226, Art.227— Debt Recovery Tribunal (DRT) directing sale of mortgaged property - Such an order is appealable under S. 20 of Recovery of Debts Act - Writ petition under Art. 227 challenging said order passed by DRT, is barred on grounds of alternative and efficacious remedy - Civil suit also expressly barred. Civil P.C. (5 of 1908) , S.9— The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Act has been enacted with a view to provide a special procedure for recovery of debts due to the banks and the financial institutions. There is hierarchy of appeal provided in the Act, namely, filing of an appeal under S. 20 against order passed by Debt Recovery Tribunal (DRT) directing sale of mortgaged @page-SC3209 property and this fast track procedure cannot be allowed to be derailed either by taking recourse to proceedings under Arts. 226 and 227 of the Constitution or by filing a civil suit, which is expressly barred. Even though a provision under an Act cannot expressly oust the jurisdiction of the Court under Arts. 226 and 227 of the Constitution, nevertheless when there is an alternative remedy available judicial prudence demands that the Court refrains from exercising its jurisdiction under....