Constitution of India, 1950:

Articles 226 and 227-Order of Debt Recovery Tribunal-Remedy of appeal available u/s 20 of Recovery of Debis Due to Banks and Financial Institutions Act, 1993-Exercise of jurisdiction by High Court under Articles 226/227.- Decree passed by Debt Recovery Tribunal-Direction given to Recovery Officer to proceed to realise the amount by sale of plant and machinery and mortgaged property Order challenged by guarantor whose property was mortgaged before High Court under Article 227-High Court allowing the petition-Held, order of Tribunal was appealable /s. 20-High Court ought not to have exercised jurisdiction under Article 227-The Act has been enacted with a view to provide a special procedure for recovery of debts due to bank and financial institutions-There is hierarchy of appeal provided in the Act and this fast track procedure cannot be allowed to be derailed either by taking recourse to proceedings under Articles 226 and. 227 or by filing a civil suit-When there is an alternative remedy courts should refrain from exercising jurisdiction under constitutional provisions Filing of a civil suit is expressly barred-Alternative remedy-Recovery of Debts Due to Banks and Financial Institutions Act, 1993-ss.18 and 20.