1997 (10) TMI 323

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..... on. The petitioner was the guarantor, and was impleaded as second defendant in the Original Application. According to the petitioner there was improper scrutiny of the application which was required to be typed in double space at one side of the paper under rule 3(2) of the Debt Recovery Tribunal (Procedure) Rules, 1993 ('the Rules'), and translated copies of the documents other than Hindi and English were not furnished. According to the petitioner under rule 5(3) of the Rules the Registrar has to point out the defects and grant 15 days time to rectify the defects, and if the defects are not cured the application cannot be registered. The learned counsel for the petitioner submits that by not making proper scrutiny of the Original Applicati .....

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..... t to raise the issue relating to the defective application only inasmuch as it affects his right, to properly defend the matter. In this case, section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1995 ('the Act') states that the Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but on principles of natural justice and subject to other provisions of this Act, and of any rules, the Tribunal shall have the power to regulate its own procedure. It is under its own powers, that the rules that have been framed for scrutiny of the Original Applica-tion before the registration. If such scrutiny was inadequate and if the defendant was in any way handicapped in his defence, the defe .....

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..... e defendant to properly defend the case. In the present case the complaint of the petitioner is that translated copies of Telugu documents were not filed along with the application. The counter affidavit itself states that at the time of trial the translated copies will be furnished. The power to condone the defect can be exercised by the Tribunal to seeing that the principles of natural justice are followed in the application. Since the Tribunal has followed its own procedure under such guiding principles, I am sure that it will not warrant any interference by this Court, as justice is not only done, but appears to have been done. 3. In the circumstances, I see no reason to entertain the Civil Revision Petition. It is accordingly dismi .....

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