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2016 (1) TMI 815 - HC - Indian LawsRecovery proceedings - why writ petitioner was a necessary or a proper party - validity of orders of Debts Recovery Tribunal - The borrower and the co-borrower are in default and the bank has proceeded to recover the same. Proceedings are pending before the Debts Recovery Tribunal. Subsequently an application was filed to implead the writ petitioner as a respondent and by a cryptic non-reasoned order without bringing out as to why writ petitioner was a necessary or a proper party, vide order dated September 15, 2014 the Debts Recovery Tribunal impleaded writ petitioner as a respondent which order has been upheld by the Debts Recovery Appellate Tribunal on March 20, 2015. Needless to state the said two orders are under challenge. Held that:- The principle relating to impleadment in decisions involving rights to physical properties are equally capable of being applied to contractual rights. - Regretfully, neither the order dated September 15, 2014 passed by the Debts Recovery Tribunal nor the order dated March 20, 2015 passed by the Debts Recovery Appellate Tribunal has dealt with the issue arising concerning writ petitioner’s impleadment as prayed by the respondent No.1 bank in its application seeking impleadment. The two orders do not bring out the reasons why presence of the writ petitioner is necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the proceedings before the Debts Recovery Tribunal. Application filed by the first respondent seeking impleadment of the writ petition is revived for adjudication afresh before the Debts Recovery Tribunal which shall decide the application guided by the law concerning impleadment as discussed above.
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