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2017 (2) TMI 957 - GUJARAT HIGH COURTRight to appeal - Alternative efficacious remedy to approach Debts Recovery Tribunal - Held that:- the remedy provided under the Act is an efficacious remedy. The petitioners can lead evidence before the Tribunal to establish his case and the contentions. Even the Tribunal has power to restore back the possession if the aggrieved person succeeds before the Tribunal. The powers of the Tribunal are wider and the Tribunal can undertake the examination of various issues by virtue of the amendment brought in the aforesaid provision of the Act in the year 2016. Single Judge has not committed any error while relegating the petitioners to an alternative efficacious remedy i.e. appeal under Section 17 of the Act before the Debts Recovery Tribunal. At this stage, it is also relevant to note that the learned Single Judge has specifically observed that he has not gone into the merits of the case of the petitioners and therefore any observations made in the said order does not mean to and shall not be treated as expression on merits. It is also clarified that if the appropriate proceedings are initiated before the Debts Recovery Tribunal, the Tribunal shall examine the same in accordance with law and on merits.
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