"C/SCA/18241/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 18241 of 2019 ========================================================== INDIA DENIM LTD. Versus THE REGISTRAR ========================================================== Appearance: MR. EKRAMA H QURESHI(7000) for the Petitioner(s) No. 1,2,3,4,5 MS AQBA H QURESHI(10790) for the Petitioner(s) No. 1,2,3,4,5 MR DK NAKRANI(500) for the Respondent(s) No. 4 MR HIRAN M SHROFF(3672) for the Respondent(s) No. 2 MS KAUSHAL D NAKRANI(5121) for the Respondent(s) No. 4 NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,3 ========================================================== CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.C. RAO Date : 02/03/2021 ORAL ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr.Ekrama Qureshi for the petitioners and learned advocate Mr.D.K. Nakrani for respondent No.4. 2. This petition filed under Article 226 of the Constitution seeks to set aside orders dated 22nd July, 2019 and 13th August, 2019 by Debts Recovery Tribunal-I, Ahmedabad passed in O.A. No.308 of 2019. It is further prayed to direct the Tribunal to allow the petitioners to file their written statement on record. By the impugned orders passed by Debts Recovery Tribunal-I, Ahmedabad, the right of the petitioners to file written statement came to be closed. 3. Notice was issued by this Court on 16th Page 1 of 4 C/SCA/18241/2019 ORDER October, 2019. It was directed by way of ad-interim relief that in the meantime the Debts Recovery Tribunal, Ahmedabad shall not proceed further with the hearing of O.A. No.308 of 2019. 4. Today, in course of the consideration of the matter, when learned advocate for the petitioners was confronted with the query that against the orders impugned in the petition, statutory alternative remedy of appeal under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, learned advocate was entirely at his receiving end. 4.1 Section 20 of the Act reads as under. “20. Appeal to the Appellate Tribunal. - (1) Save as provided in sub-section (2), any person aggrieved by an order made, or deemed to have been made, by a Tribunal under this Act, may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter. (2) No appeal shall lie to the Appellate Tribunal from an order made by a Tribunal with the consent of the parties. (3) Every appeal under sub-section (1) shall be filed within a period of thirty days from the date on which a copy of the order made, or deemed to have been made, by the Tribunal is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. (4) On receipt of an appeal under sub-section (1), or under sub-section (1) of section 181 of the Insolvency and Bankruptcy Code, 2016 the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. Page 2 of 4 C/SCA/18241/2019 ORDER (5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned Tribunal. (6) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal.” 4.2 Thus, any order including the order deemed to have been passed by the Debts Recovery Tribunal can be subject matter of appeal before the appellate tribunal. 5. In view of the above statutory alternative remedy available to the petitioners, we are not inclined to entertain the present petition in exercise of the writ jurisdiction. It will be open for the petitioners to approach the appellate tribunal under Section 20 of the Act. 6. We have not gone into the merits nor we have expressed anything on the merits of the matter. The matter will be at large before the appellate tribunal in respect of the orders which may be impugned before it by the petitioners. 6.1 At this stage, learned advocate for the petitioners submitted that till the petitioners approach the appellate remedy, the protection may be extended to the petitioners submitting further that if the Debts Recovery Tribunal proceeds in the meantime, the appellate remedy would be rendered meaningless. 6.2 Since the Court has already passed order Page 3 of 4 C/SCA/18241/2019 ORDER dated 16th October, 2019 granting interim relief that Debts Recovery Tribunal, Ahmedabad shall not proceed with hearing of the O.A., we are incline to consider the aforesaid request on behalf of the petitioners. 6.3 It is observed and provided in that regard that interim order passed by this Court on 16th October, 2019 requiring the Debts Recovery Tribunal, Ahmedabad not to proceed with further with O.A. No.308 of 2019 shall continue till the first day when appeal of the petitioners is placed before the appellate tribunal or for a period of four weeks, whichever is earlier. Thereupon the appellate tribunal shall consider the passing of further orders about extension or otherwise of interim protection as it may deem proper in the facts of the case after hearing the parties. 7. The petition is disposed of accordingly. Notice is discharged. Interim relief stands vacated subject to the aforesaid observations and directions. (N.V.ANJARIA, J) (A. C. RAO, J) ANUP Page 4 of 4 "