9911796707
TMI Blog1997 (4) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... 27 of the Constitution of India, the petitioner seeks 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 maintai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iction, powers and authority to entertain appeals 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 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 T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al to entertain appeals against "any order" 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, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y provided under Article 227 of the Constitution is not intended to supersede 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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