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Issues: Whether the Debts Recovery Appellate Tribunal was justified in remanding the recovery appeals to the Debts Recovery Tribunal for fresh consideration of the jurisdictional issue and other issues, instead of deciding the matter on the existing record.
Analysis: The record before the appellate tribunal contained the factual material necessary to decide both the jurisdictional objection and the substantive entitlement dispute. The issue whether the claim constituted a debt under Section 2(g) of the Recovery of Debts and Bankruptcy Act, 1993 was a legal issue squarely raised before the appellate forum. A remand is not to be ordered routinely or as an easy course merely because the lower tribunal did not address an issue in the desired manner. Where the evidence and material are already on record and the appellate forum can render a decision, it should ordinarily decide the appeal finally. Remand is warranted only when a fresh trial is required or remand is imperative in the interest of justice.
Conclusion: The remand order was unsustainable and was set aside. The appeals before the appellate tribunal were restored for decision on merits in accordance with law, and the connected relief sought by the bank for restoration of the retained amount could not be granted.
Ratio Decidendi: An appellate authority should not remand a matter when the record is sufficient to decide the issues itself; remand is justified only where a retrial is necessary or remand is otherwise imperative.
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