Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 123 - HC - Indian LawsMaintainability of appeal - alternative remedy already availed of by the petitioner - Held that:- In the present case, all the grounds urged were in the realm of legal contentions and no jurisdictional error could be pointed out which would persuade the court to entertain the petition. There is no gainsaying that order of the District Magistrate under section 14 is a stage post 13(4), at which stage remedy of appeal under section- 17 is available. In this case, it is already availed of.It is trite that in the matters involving commercial disputes, the rule of availing alternative statutory remedy has to be adhered to steadfast. It may not be out of place to mention while parting with that during the pendency of section 14 proceedings before the District Magistrate, the present petitioner had moved Special Civil Application on the ground that all the conditions required under section 14(2) were not complied with. The said petition was dismissed with costs. Also is an aspect staring on the face of the record that the petition filed in the month of March, 2015 was not pursued and was not heard for admission. Subsequently, civil applications were filed raising urgency that the mortgaged properties are to be auctioned. For the aforesaid reasons, when the petition itself is not entertained by this court on the aforesaid ground, no further prayers could be entertained. The petition is dismissed only on the ground of alternative remedy already availed of by the petitioner.
|