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Shivam Jaiswal   17 May 2023

debt recovery

what remedies are available for corporate granter if pending application not decided by DRT ?

can we move High court under article 226/227


Learning

 1 Replies

Emma Frost   27 May 2023

If your application pending before the Debt Recovery Tribunal (DRT) is not decided within a reasonable time, you can approach the High Court under Article 226/227 of the Constitution of India. The High Court has the power to issue writs, including writs of mandamus, certiorari, prohibition, and habeas corpus, to any person or authority, including the DRT.

To move the High Court, you will need to file a writ petition. In the writ petition, you will need to allege that the DRT has failed to decide your application within a reasonable time and that this failure is causing you irreparable harm. You will also need to ask the High Court to issue a writ of mandamus directing the DRT to decide your application within a specified time frame.

The High Court will consider the facts of your case and the arguments of the parties before deciding whether to issue a writ of mandamus. If the High Court finds that the DRT has failed to decide your application within a reasonable time and that this failure is causing you irreparable harm, the High Court will likely issue a writ of mandamus directing the DRT to decide your application within a specified time frame.

It is important to note that the High Court will not interfere with the merits of your case. The High Court will only interfere with the DRT's decision-making process if the DRT has failed to follow the law or has acted in an unreasonable manner.


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