9911796707
TMI Blog2002 (2) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... er: The petitioners are the legal heirs of one Sri John D Souza, an advocate of this court. He died on November 10, 1994. A suit came to be filed for recovery of Rs. 3,53,29,005.33 in the Court of the Civil Judge, Nanjangud, against Mr. John D Souza and three others. During the pendency of the suit, Mr. John D Souza died. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, came into force on November 30, 1994. When the Act came into force Mr. John D Souza was not alive. The death was reported by the advocate representing him on December 22, 1994, by filing a memo before the learned civil judge. The civil court by an order dated March 10, 1995, sent the records to the Debt Recovery Tribunal in terms of the Act. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act and also on the ground of want of jurisdiction. 5. The respondents have entered appearance and have opposed the prayer. They justify the order of the Tribunal. 6. Heard counsel for the parties. Sri G.S. Vishweshwara, learned counsel for the petitioner invites my attention to the provisions of the Act. He invites my attention to rules 22 and 23 to contend that the Tribunal has no power or jurisdiction to issue this order. The Tribunal cannot abdicate or delegate its power to a Registrar Counsel contends that this order requires interference by this court. 7. Per contra, learned counsel for the respondent states that the impugned order is in consonance with the power granted to the Tribunal. These orders have been issued for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... custody of the records of the Tribunal and shall exercise such other functions as are assigned to him under these rules or by the Presiding Officer by a separate order in writing. (2) The official seal shall be kept in the custody of the Registrar. (3) Subject to any general or special direction by the Presiding Officer, the seal of the Tribunal shall not be affixed to any order, summons or other process save under the authority in writing from the Registrar. (4) The seal of the Tribunal shall not be affixed to any certified copy issued by the Tribunal save under the authority in writing of the Registrar. 23. Additional powers and duties of Registrar. In addition to the powers conferred elsewhere in these rules, the Registrar sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to receive and dispose of the application with regard to impleading, substitution of legal representatives, return of documents, set aside any ex parte order, representation of minto/unsound party in the proceedings and to appoint lawful guardians and all other interlocutory applications as when the Presiding Officer directs the Registrar to do so. 12. From a reading of the Act and the rules what is clear to me is that no judicial power as such can be exercised by the Registrar. He is only to act as an administrative head as he can receive, scrutinise, and place the applicatons before the Presiding Officer. A combined reading of rules 22 and 23 would show as to what the Registrar is required to do in the matter of applications. In fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on hand. Similarly the judgment of the Tripura High Court in the case of Malabati Tea Estate v. Smt. Budhni Munda AIR 1959 Tripura 16 is clearly distinguishable on facts. That was a case under the provisions of section 20 of the Minimum Wages Act. 14. In these circumstances the office order dated December 2, 1996, has to be quashed. Once the office order is quashed, the order passed by the Registrar has to follow suit. 15. Before concluding, I must also notice another argument of learned counsel for the bank. He states that quashing of the office order would result in reopening of the settled cases. He wants this court to issue a direction that the earlier proceedings are not to be reopened pursuant to the quashing of the offic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
