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2019 (4) TMI 1825 - BOMBAY HIGH COURTMaintainability of petition - alternate remedy of appeal - Repayment of debt - Section 13(2) read with Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - HELD THAT:- This Court has taken a view that Section 18 of the Recovery of Debts and Bankruptcy Act of 1993 protects the jurisdiction of this Court exercising its power under Articles 226 and 227 of the Constitution of India and therefore, wherever jurisdiction of the Debts Recovery Tribunal conferred upon it by Section 17 of the Act of 1993 is challenged, a remedy in the nature of writ petition under Articles 226 and 227 of the Constitution of India would always be maintainable. Thus, we need not say anything more on this issue which is already set at rest. The facts would clearly show that the petitioner has no liability whatsoever to satisfy the debt incurred by M/s. Ideal Energy Projects Limited for whom his deceased father stood as guarantor and as such, the petitioner could not have been joined as a party-respondent to the ongoing proceedings before the Debts Recovery Tribunal, New Delhi. These proceedings are without jurisdiction, insofar as the present petitioner is concerned and the same are liable to be quashed and set aside. Petition allowed.
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