https://www.taxtmi.com/caselaws?id=189459 A person not impleaded before the Debts Recovery Tribunal, but claiming title to property treated as validly mortgaged, may invoke the Tribunal's residuary power under Section 19(25) because the Act's remedies must be real and effective. Review under Rule 5A is confined to parties, and appeal under Section 20 or proceedings under Section 30 may not enable a stranger to challenge a declaration made without hearing him or to go behind the recovery certificate. The Tribunal can therefore examine, on merits and after hearing all parties, whether the alleged mortgage is sham or bogus and whether its process is being abused. The application was held maintainable and recovery steps were stayed pending its disposal. en-us Tue, 11 Jul 2006 00:00:00 +0530 Tue, 10 Jan 2017 16:30:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189459 A person not impleaded before the Debts Recovery Tribunal, but claiming title to property treated as validly mortgaged, may invoke the Tribunal's residuary power under Section 19(25) because the Act's remedies must be real and effective. Review under Rule 5A is confined to parties, and appeal under Section 20 or proceedings under Section 30 may not enable a stranger to challenge a declaration made without hearing him or to go behind the recovery certificate. The Tribunal can therefore examine, on merits and after hearing all parties, whether the alleged mortgage is sham or bogus and whether its process is being abused. The application was held maintainable and recovery steps were stayed pending its disposal. Case-Laws Companies Law Tue, 11 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189459