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2021 (3) TMI 1283 - JAMMU AND KASHMIR HIGH COURTMaintainability of petition - alternative remedy of appeal - failure to exercise the jurisdiction in a particular manner - HELD THAT:- The perusal of the writ petition reveals of the petitioner herein challenging the order of the Tribunal on various grounds. The very challenge to the proceedings filed by the bank before the Tribunal has been agitated in the writ petition and in addition to that the violation of the provisions of Section 7 and Section 10 of the Code stand highlighted in the writ petition. The proceedings initiated before the civil courts against the bank with regard to the transaction entertained into between the petitioner herein and the respondent bank and its impact on the proceedings initiated before the Tribunal are also the issues which go to the root of the case and require to be decided. As the petition has challenged the basic proceedings initiated before the Tribunal in the present petition the court is of the view that the issue has to be addressed by the court. The present petition is maintainable in view of the grounds taken and the matter requires consideration by the court - Petition admitted.
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