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TMI Blog2004 (8) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... transferred to the Debts recovery Tribunal, Pune being Original Application no. 30/p/2000 claiming a sum of ₹ 11,05,667. 91 together with interest with respect to various facilities granted to respondent nos. 3 and 4 and to which respondent nos. 1 and 2 stood as guarantors. As the original documents were not traceable, the petitioner took out an application being Exh. 43 for permission to lead secondary evidence. The Debts recovery Tribunal) Pune vide its order dated 16th june, 2003 allowed the petitioner to lead secondary-evidence. Respondent nos. 1 and 2 challenged the said order before the Debts Recovery Appellate tribunal in Misc. Appeal No. 319 of 2003. By order dated 10th February, 2004, the Appellate Tribunal was pleased to all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 180 days from the date of receipt of the application. Section 20 gives right of an appeal to the Debts Recovery Appellate Tribunal from the order passed by the Debts Recovery Tribunal. Section 20 (1) reads as under: 20. Appeal to the Appellate Tribunal: (i) Save as provided in sub-section (2), 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. ( 5. ) Mr . Thakore, appearing for the petitioner submitted that the order of the Debts Recovery tribunal was an order made on procedural matters and rights of the parties are not affected by such order and consequently the appeal filed before the appellate Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ghts or liabilities of the parties. it page 800 it was observed thus: The object of S. 38 (1) is to give a right of appeal to a party aggrieved by some order which affects his right or liability. In the context of S. 38 (1), the words every order of the Controller made under this Act , though very wide, do not include interlocutory orders which are merely procedural and do not affect the rights or liabilities of the parties. In a pending proceeding, the controller may pass many interlocutory orders under S. 36 and 37, such as orders regarding the summoning of witnesses, discovery, production and inspection of documents, issue of a commission for examination of witnesses, lie under sec. 20 (1 ). ' inspection of premises, fixing a d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hanti Devi, A. I. R. 1967 sc 1368 again the relevant provisions of the Delhi rent Control Act came up for consideration. The trial Court had held in the said case that the suit had not abated. The Supreme Court held that it was an interlocutory order and cannot be considered as an appealable order immediately. Whether the suit stood abated could be considered in an appeal from the ultimate order, in case the party becomes aggrieved by the ultimate order. ( 10. ) The observations of the Supreme Court in the aforesaid judgments Mould equally govern the relevant words used in section 20 (1) of the Act. The rights and liabilities of the parties Mould be normally decided by the final order. Very rarely the interlocutory order on procedural ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n their presence or that they had seen the documents and, therefore, they could vouch that the Xerox copies which the Bank was seeking to tender now in lieu of the original documents are the Xerox copies of the original documents signed by the respondents. The Bank, therefore, cannot claim the benefit of sec. 65 of the Evidence Act because the Bank has failed to come out with credible evidence about the loss of the original documents. We do not propose to go into these questions because these questions can be appropriately considered by the Appellate Tribunal in appeal filed against the final order that may be passed by the Debts Recovery Tribunal. In case any adverse order is passed by the Debts Recovery tribunal against the respondents th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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