TMI Blog1997 (4) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... s quashing of the order dated 24-5-1996 passed by Debt Recovery Tribunal refusing to stay the proceedings initiated by the respondent Bank under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short the Act). 2. Learned counsel for the respondent has raised a preliminary objection with regard to maintainability of the writ petition on the ground that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against any order made, or deemed to have been made, by a Tribunal under this Act. 3. Section 19 of the Act deals with the filing of an application before the Tribunal and sub section (4) of Section 19 of this Act empowers the Tribunal to pass such orders on the application filed under Section 19 as it thinks fit to meet the ends of justice under sub-section (6) of Section 19, the Tribunal ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ii is satisfied that there was sufficient cause for not filing it within that period. (4) On receipt of an appeal under sub-section (I), the Appellate Tribunal may, after giving the parties to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der made or deemed to have been made by the Tribunal under the Act. Section 20 gives a right of appeal to a party aggrieved by an order made or deemed to have been made by the Tribunal under the Act. In the context of Sections 17(2) and 20(1), the words any order or an order of the Tribunal made under the Act, include every order of the Tribunal made under the Act which affects the rights o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de the modes of obtaining relief before the Appellate Courts or Tribunals. In M. C. Mittal v. Central Bank of India (supra), it was held that a person who is aggrieved by an order of the Debt Recovery Tribunal cannot be permitted to abandon resort to the statutory remedy of appeal and to invoke constitution jurisdiction of this Court. 6. For the foregoing reasons, the petition is dismissed, P ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
