HARMONIC FOODS BANGALORE Vs. DEBT RECOVERY APPELLATE TRIBUNAL

JUDGEMENT

(1.) THE petitioners in this writ petition have challenged the order dated 30-8-2001 passed by the Debt Recovery Appellate Tribunal in M. A. No. 111 of 2001.

(2.) CONSEQUENT on the coming into force of Recovery of Debts Due to banks and Financial Institutions Act, 1993 (hereinafter referred to as 'act 1993'), the suit filed by the respondent 2 for recovery of certain amount in the Civil Court was transferred to the Debt Recovery Tribunal. After the transfer of the suit proceedings, the petitioners herein have made an application for retransfer of the proceedings to the Civil court. The said application was rejected by the Tribunal. As against the said order of rejection of the application for retransfer, the petitioners have preferred an appeal before the Debt Recovery Appellate Tribunal. The Appellate Tribunal, without considering whether the petitioner is entitled for seeking retransfer of the proceedings on the ground urged before it, has proceeded to dispose off the appeal stating that the very question is pending consideration before the Supreme Court. It is this order that is under challenge by the petitioner in this writ petition.

(3.) LEARNED Counsel appearing for the petitioner submits that the 1993 Act has taken away the vested right of appeal under Section 96 of the CPC which the petitioners could have availed in the event if the proceedings continued in the Civil Court. In support of this contention, the learned Counsel relied upon the decision in Hoosein Kasam Dada (India) Limited v State of Madhya Pradesh and Others. In my view the said decision has no application to the facts of the present case. No doubt, the right of appeal is a vested right. But in the instant case, the question is whether subsequent enactment has taken away the right of appeal or it is only a change of forum. The validity of 1993 Act has now been upheld by the Apex Court.