[2025:RJ-JP:37082] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13307/2025 1. Om Hari Har Education Services Pvt. Ltd, Innovation, 68, Gopulpura, Near Triveeni Chouraha, Jaipur, 302018 Through Its Director Vishal Paliwal. 2. Vishal Paliwal S/o Bal Kishan Paliwal, Resident Of B-144, 10-B Scheme, Gopalpura By Pass, Triveni Chouraha, Jaipur- Rajasthan. 3. Sudheer Sharma S/o Shri Rajendra Prasad Sharma, Resident Of B-144, 10-B Scheme, Gopalpura By Pass Triveeni Chouraha, Jaipur- Rajasthan. 4. Purva Paliwal W/o Vishal Paliwal, Resident Of B-144, 10-B Scheme, Gopalpura By Pass Triveeni Chouraha, Jaipur- Rajasthan. ----Petitioners Versus Ugro Capital Limited, Through Its Authorised Officer, Registered Officer At Equinox Business Park, Tower-3, Forth Floor, Office Bkc, Lbs Road, Kurla, Mumbai- 400070, Branch Office At K-14, 5Th Floor, I.b.c. Tower, Ashok Marg, C-Scheme, Jaipur- 302001. ----Respondent For Petitioner(s) : Mr.Hari Krishana Sharma For Respondent(s) : Mr.Avinash Kumbaj Mr.Peush Nag JUSTICE ANOOP KUMAR DHAND Order 11/09/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 19.08.2025 passed by the Debt Recovery Tribunal (for short, “the DRT”). 2. Admittedly, the aforesaid order passed by the DRT is appealable before the Debts Recovery Appellate Tribunal (for short “the DRAT”), but without availing the statutory remedy, the [2025:RJ-JP:37082] (2 of 2) [CW-13307/2025] petitioners have approached this Court by way of filing the instant writ petition. 3. It is the settled proposition of law that whenever an alternative statutory remedy is available to a person, he cannot be allowed to by-pass the jurisdiction of the said authority. The Hon’ble Apex Court in the case of Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir and Ors. reported in 2022 (5) SCC 345 and in the case of Varimadugu Obi Reddy Vs. Sreenivasulu reported in 2023(2) SCC 168 has held that against any order passed by the DRT, a remedy of filing an appeal is available under Section 18 of the Act of 2002, and the same cannot be assailed before the High Court under its writ jurisdiction contained under Article 226 of the Constitution of India. The Hon’ble Apex Court in the case of Varimadugu Obi Reddy (Supra) has deprecated such practice of the High Court, entertaining the writ petition in exercise of the jurisdiction contained under Article 226 of the Constitution of India where the petitions have been filed without exhausting the alternative statutory remedy available under the law. 4. On this count alone, the instant writ petition stands disposed of granting liberty to the petitioners to file statutory appeal before the DRAT. 5. Needless to observe that in case, such appeal is preferred by the petitioners within a period of two weeks from today, the DRAT is expected to decide the appeal on its merit, ignoring the period of limitation. (ANOOP KUMAR DHAND),J Aayush Sharma /26