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2015 (3) TMI 945 - HC - Indian LawsNon compliance of the order of Debt Recovery Appellate Tribunal (DRAT) for discovery and production of documents - Application under Sections 19(25), 22, 22 (2)(b) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Held that:- Both DRT and DRAT have held in favour of the respondent bank on the said aspect. There is nothing to show and establish that the respondent bank had documents, but they are being withheld. Whether or not the claim of the respondent bank has merit or should be dismissed or whether the counter-claim of the petitioner has merit or should be dismissed is a matter for determination and adjudication. The legal and factual effect of the reply given by the respondent bank as an answer to the documents sought, is an aspect or fact which will be examined by the DRT and the appellate authority under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Whether or not any adverse inference could or should be or should not be drawn etc. is again the matter of merit and not an issue which can be prematurely decided at this interim stage and that too in a writ petition under Article 226 of the Constitution. We refrain and do not comment and observe on the said aspects. Lastly, we may note that the petitioner has invoked writ jurisdiction of this Court and the said jurisdiction is normally exercised only when injustice has been caused or legally unsustainable order has been passed. In the present case, interim orders have been passed and the petitioner herein seeks rejection and dismissal of the original claim and striking out of the defence. The authorities have held that this penal and punitive order/direction, in view of the facts on record is not required and justified. We do not see any good ground or reason to interfere and reverse the said finding. - Petition dismissed.
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