TMI Blog2013 (3) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... t petition of the appellant is dismissed only on the ground of availability of alternative remedy of appeal to the Appellate Tribunal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( SARFAESI Act for short). 3. There is no dispute about the fact that the appellant had sought to challenge before this Court, the order dated 14/11/2012 of the Debts Recovery Tribunal, Karnataka, Bangalore, in S.A.No.297/12 wherein, by an elaborate order, dealing with the grounds taken by the appellant, the application was dismissed with costs. After dismissal of that application , explicitly made under the provisions of Section 17 of the SARFAESI Act, the remedy for approaching ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petition, inter alia on the ground of availability of an alternative remedy , but that rule cannot be said to be of universal application. Despite existence of an alternative remedy, a writ court may exercise i ts discretionary jurisdiction of judicial review inter alia in cases where the Court or Tribunal lacks inherent jurisdiction or for enforcement of the fundamental right or if there has been a violation of a principle of natural justice or where vires of the Act is in question. 6. The other judgment in Kanaiyalal Lalchand Sachdev others V/s. State of Maharashtra others (2011) 2 SCC 782) relied upon for the appellant, has quoted therein paragraph 30 of earlier judgment of the Apex Court in City and Industrial Development C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 1471) , which read as under: It cannot be denied that Justice is a virtue which transcends all barriers and the rules or procedures or technicalities of law cannot stand in the way of administration of Justice, Law has to bend before Justice. If the Court finds that the error pointed out in the review petition was under a mistake and the earlier judgment would not have been passed but for erroneous assumption which in fact did not exist and its perpetration shall result in miscarriage of justice, nothing would preclude the Court from rectifying the error. 9. The law being well settled on the issue, the appe al is liable to be dismissed. 10. In absence of any provision for condonation of dela y in filing the appeal under Section 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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