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TMI Blog2003 (3) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... aw 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 correctness and legality of that o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), any person aggrieved 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 sufficien ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction, because the order refusing to set aside an ex parte decree was regarded to be an appealable order under section 20 of the Act. In the case of Union of India v. Delhi High Court Bar Association AIR 2002 SC 1479, the Apex Court while upholding the constitutional validity of the Act have also found the provision in sections 25 and 28 of the Act relating to the mode of recovery of debts as not violative of Article 14 of the Constitution of India. In a recent decision of this Court by this Bench in the case of Giridharilal Agrawal v. Registrar, Debts Recovery Tribunal (Civil Revision Petition No. 264 of 2002, dated 20-2-2003) it has been held that an appeal lies against an order passed by the Tribunal and therefore, the ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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