2003 (3) TMI 606

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....ty, and because a common question of law is involved relating to maintainability of both the civil revisions, therefore, this common judgment shall abide the result of that issue involved in both the revisions. 2. In Civil Revision No. 231 of 2002, defendant Nos. 1, 5 and 6 in M.A. No. 19 of 2002 (arising out of T.C. No. 185 of 2001) have challenged to the order passed on March 7, 2002 by the Debts Recovery Tribunal, Cuttack. Plaintiff (described as the applicant) and the defendant Nos. 2 to 4 are the opposite party members in this revision. It appears from the impugned order that an application for filing additional written statement by the defendants 2 and 3 was allowed by the Tribunal subject to payment of cost. Petitioners challenge to....

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....ntendence and revision under section 115 of the Code; (iii )According to the provision in sub-section (1) of section 20 of the Act, an appeal is maintainable only against orders passed under sections 17 and 19, and therefore the present orders being covered by either section 25 or 22 of the Act, the provision in section 20(1) of the Act is not applicable to the present case. In other words, the impugned orders are not appealable. 5. The aforesaid rival contention needs careful consideration. Petitioners have relied on the cases of Chatur Mohan v. Ram Behari Dixit AIR 1964 All. 562; T.V. Subba Rao v. T. Koteswara Rao AIR 1963 A.P. 37; Narayan Das v. Kasinath Pani AIR 1968 Ori. 94; Jenson & Nicholson (India) Ltd. v. Industrial Investment Ba....

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....grieved by an order made, or deemed to have been made, by a Tribunal under this Act, may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter. (2) No appeal shall lie to the Appellate Tribunal from an order made by a Tribunal with the consent of the parties. (3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made, or deemed to have been made, by the Tribunal is received by him and it shall be in such form and be accompanied by such fee as may be prescribed : Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filin....