2012 (8) TMI 1105

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....ose This writ petition is filed by the petitioner-Bank praying to issue a Writ of Certiorari calling for the records relating to RA(SA)No.62/2010 on the file of Debts Recovery Appellate Tribunal, Chennai and to quash the said proceedings as the same are not maintainable and to declare the action of the said Tribunal in entertaining of such appeal without fulfilling the conditions mandated in the....

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.... confirming or modifying or setting aside the order under appeal. Therefore, we do not find any reason to hold that the remand order so passed by the appellate Tribunal can be treated to be bad in law. On the contrary, we find that the appellate Tribunal has power to pass "such orders thereon as it thinks fit" would also cover to remand the matter before the Debts Recovery Tribunal, Hyderabad. Acc....

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....the said provision and if at all entered into that would be subject to the mortgage already created by the borrower in favour of the Bank and therefore cannot curtail the rights of the banks in any manner whatsoever. Therefore, such contention to declare such an agreement of sale as null and void also is not tenable. We further find that the appellate Tribunal has found that the Debts Recovery Tr....