9911796707
TMI Blog1997 (6) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent No. 2 died on 24-1-96 and thereafter the applicant Bank was directed to have steps for substitution in respect of the deceased respondent No. 2. Some caustic remarks were made in the first impugned order by the Presiding Officer of the Debts Recovery Tribunal that the applicant Bank did not care to take any steps till 8-7-96 and no explanation whatsoever has been given in the petitioner for condonation of delay as to why delay in filing the petition for substitution would not be condoned. The formulation of the premises by the Debts Recovery Tribunal is questioned before this Court and it has been submitted by Mr. Roy, the learned Advocate appearing on behalf of the Bank that there is no basis for drawing an inference to make such caustic remarks when the premise itself requires scrutiny as to wherefrom the Debts Recovery Tribunal gets the idea of condonation of delay without specifying the period within which substitution petition is required to be filed. This Court being a Court of superintendence is required to regulate the day to day procedure on adjudication of the Debts Recovery Tribunal and it cannot abdicate its authority of superintendence over it and adjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal shall have the power to regulate its own procedure including the places at which they shall have their sittings. We get a glimpse of truncated projection of the applicability of Code of Civil Procedure as enumerated in Section 22(2) covered by Clauses (a) to (h) and it appears that there is no specific mention with regard to other provisions of the Code of Civil Procedure. It is relevant to remember that in the same breath it has been made clear in the Civil Procedure Code and its applicability has not been excluded by specific terms and only it has been indicated that it shall not be bound by the procedure laid down by the Code of Civil Procedure. It has been canvassed before this Court by the learned counsel appearing in other case that the said provision was required to be incorporated so that it may not defeat the very purpose and object of the Act and object being the expeditious adjudication and recovery of debts. The expeditious process of adjudication is not intended to be throttled by bottlenecks of the procedural wrangling which are likely to have a beating for consuming a wider period of time. This Court is not oblivious of the reality emanating from that scenario ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contained under Order 22 of the Civil Procedure Code. As indicated, we cannot conceive of life without death, similarly, we cannot conceive of a party litigant in a pending proceeding being visited by death which must be followed by the legal eventuality of abatement. There is no other efficacious alternative via-media by way of a procedural law which can regulate the proceeding in the case of death, marriage and insolvency of the parties other than the application of Order 22 of the Code of Civil Procedure. Unless the same is allowed to be invoked, the Debts Recovery Tribunal will be in a region of quandary to arrive at an adverse inference to the conduct of a party litigant for not taking steps either for condonation of delay or for non-presentation of the substitution in time. If Civil Procedure Code does not apply and then in absence of the application of the same, Limitation Act is allowed to be applied as the only pari materia under the relevant provisions of the Limitation Act. Longer time has been prescribed which may not fit in with the object and the purpose of the Recovery of Debts Due to Bank and Financial Institution Act, 1993. The adaptation of the procedure should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... what is the period of limitation within which substitution application has to be made and when it is called upon to make an application for condonation. The period for filing of an application for substitution and the limitation should also be governed by Order 22 of the Code of Civil Procedure and after the expiry of the time period, Section 5 of the Limitation Act may be sought to be applied and there the guiding principles may be made effective. The time forecast by Civil Procedure Code for making substitution is much shorter than that of the Limitation Act. Therefore, the pari-materia shall fit in better with the object of the Act as enunciated in the Recovery of Debts Due to Bank and Financial Institution Act, 1993. Therefore, hence the Debts Recovery Tribunal is required to deal with questions which result as off shoot from death, marriage and insolvency of a party before it. It should adhere to particular provisions of Order 22 of the Civil Procedure Code. It is made clear that it is not an warrant for which the Debts Recovery Tribunal shall get any encouragement that entire Civil Procedure Code is to be applied for as a whole. It is only for the limited purpose for taking c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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