CHITRANJAN KATARI Vs. STATE BANK OF INDIA
LAWS(DR)-2003-8-9
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on August 28,2003

Appellant
VERSUS
Respondents

JUDGEMENT

S.K.Mohapatra, - (1.)THIS pertains to an application filed under Section 22(2)(e) of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for review of the judgment dated 26.7.2000 passed by learned Presiding Officer, DRT, Patna in Execution Case No. 36 of 1988 (PT). The petitioner has also filed an application for condonation of delay. The review application was numbered as RA 6 of 2000 in DRT, Patna and with the establishment of DRT, Ranchi for the State of Jharkhand, the same was received on transfer in this Tribunal and was renumbered as RA No. 3/2002.
(2.)I have heard the arguments of both the parties and carefully perused the records including the written synopsis filed by both the parties.
Although, there was an objection on the ground of limitation, the same was not stressed during the arguments. In the facts of the case, it is only fair to condone the delay, so as to enable adjudication of the present review application on merit.

(3.)THE contention of the petitioner precisely is that the objection filed by opposite party No. 3 under Section 9 of PDR Act has not been heard and has never been determined under Section 10 of the PDR Act. Accordingly, it is prayed to review the impugned Order dated 26.7.2000. THE second ground taken by the petitioner is that on transfer of records to DRT, Patna, the case should have been registered under the heading of PT Case instead of execution case.


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