Cw/14019/2008 Of M/S Manohar Lal Andparty v. Income Tax Officer And Ors

S.B. Civil Writ Petition No.14019/2008 Date: May 04, 2016. HONBLE MR. JUSTICE ALOK SHARMA Mr. R.P. Garg, for the petitioner. Mr. R.N. Vijay on behalf of Ms. Suruchi Kasliwal, for the respondent. Ms. Tanvi Sahai on behalf of Mr. R.B. Mathur, for respondent. Under challenge is the order dated 17-11-2008 passed by the Recovery Officer, Debt Recovery Tribunal, Jaipur. I am of the considered view that the petitioner in respect of theimpugned order has an alternative remedy under Section 30 of theRecovery of Debts due to Banks and Financial Institutions Act, 1993(hereinafter `the Act of 1993'), which provides that any personaggrieved of an order passed by the Recovery Officer may withinthirty days from the date on which a copy of the order is issued tohim prefer an appeal to the Tribunal. Thus the petitioner can agitateall legal and factual issues before the Tribunal in his challenge to theorder dated 17-11-2008 passed by the Recovery Officer. Consequently, the writ petition stands disposed of with liberty to the petitioner to approach the Tribunal against the impugnedorder dated 17-11-2008 passed by the Recovery Officer. However, the time expanded by the petitioner in pursuing the writ petition against the impugned order shall be excluded forcomputation of limitation for filing an appeal against the impugned order passed by the Recovery Officer. The petitioner shall also be atliberty, law permitting, to seek condonation of delay. arn/ (Alok Sharma), J. All corrections made in the order have been incorporated in the order being emailed. Arun Kumar Sharma, Private Secretary.