Ajay Rastogi, J. - (1.) MATTER has come up on application u/Article 226(3) of the Constitution for vacation of expert order passed by this Court dt.23.03.2010.
(2.) MR . Goyal, counsel appearing for Respondent, submits that the proceedings impugned in the instant petition were initiated by secured creditor (bank) under SRFAESI Act of 2002 and if at all the Petitioner is aggrieved by any of the action initiated pursuant thereto, the only remedy available to him is to approach Under Section 17 of the Act. In support of submission he placed reliance upon the recent judgment of the Apex Court in, 2010 (8) SCC 115 and : 2008(1) SCC 125. Counsel for Petitioner, on the other hand, submits that initially application was filed by the Petitioner before the Debts Recovery Tribunal wherein the pleadings are complete and the matter is ripped and listed for hearing on 24.01.2011 and what has been urged by the Respondent -bank regarding proceedings under the Act can certainly be examined by the Tribunal as well since these are parallel proceedings.
(3.) TAKING note thereof, this Court before examining the application u/Article 226(3) of the Constitution considers it appropriate to direct the Debts Recovery Tribunal, Jaipur to decide OA -11/2007 coming up for hearing on 24.01.2011, within a period of four weeks. A copy of this order may also be sent to DRT, Jaipur for necessary compliance.;