2003 (2) TMI 533

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...., are the original-petitioners and the appellant is the original-respondent Bank. The appellant Bank initiated legal battle by filing Original Application No. 110 of 1998 against the respondents before the Debt Recovery Tribunal [D.R.T.] claiming a sum of ₹ 4,07,32,789/- with costs and future interests invoking the provisions of Sections 17 and 19 of the Recovery of Debts Due To Banks And Financial Institutions Act, 1993 [Act]. The D.R.T., by its order dated 4/5-5-1999, allowed the Original Application No. 110 of 1998 in favour of the appellant against the respondents as despite seeking adjournment for filing reply failed to file the reply. The matter was, thereafter, posted on several dates. On behalf of the appellant, affidavit came....

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.... Appellate Tribunal from an order made by a Tribunal with the consent of the parties. (3) Every appeal under Sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made or deemed to have been 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 it is satisfied that there was sufficient cause for not filing it within that period. (4) On receipt of an appeal under Sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders there....

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....o continue the proceedings of the Original Application No. 110 of 1998 as if no order had been passed on 5th May, 1999 and also making observations in Para 7 of the impugned order. 7. We have considered the text and the context of the impugned judgment and the observations made in Para 7. In our opinion, the observations in Para 7 are not warranted. From the facts emerging on record, the order allowing the Original Application by the Tribunal, after several opportunities having been given to the respondents before us, by no stretch of imagination, could be said to be an illegal order or order without jurisdiction. This has a reference to the view taken by the learned single Judge that the order of the Tribunal dated 5th May, 1999 is not su....