Decided on January 29,2003



K.S. Kumaran, Chairman - (1.)THE appellant-Allahabad Bank filed O.A. 572/97 on the file of the Debts Recovery Tribunal (hereinafter referred to as 'the DRT'), Delhi for the recovery of certain amounts from the respondents 1 to 4 herein, who were defendants in the O.A. In response to the O. A., the respondents 1, 2 and 4 are stated to have entered appearance, and opposed the O.A., among other grounds, on the ground that the Rajasthan State Industrial Development and Investment Corporation Ltd. (hereinafter referred to as 'RIICO') was a necessary party, and without impleading the same, the O.A. was not maintainable. THE learned Presiding Officer of the DRT, Delhi took up this preliminary objection alone for consideration, and by his order dated 1.7.1999 held that RIICO is a necessary party. He, therefore, dismissed the O.A. on the ground that RIICO had not been impleaded.
(2.)Aggrieved, the appellant has filed this appeal, which was originally pending before the DRAT, Mumbai, and subsequently, was transferred to this Tribunal.
On notice of this appeal, only respondents 1, 2 and 4 have entered appearance, and the third respondent has not chosen to contest this appeal.

(3.)THE arguments on this appeal were heard. During the course of his arguments, the learned Counsel for the appellants stated that the learned Presiding Officer of the DRT, Delhi, even after coming to the conclusion that RIICO was a necessary party, ought not to have dismissed the O.A. without even affording an opportunity to the appellant to implead RIICO. THE learned Counsel for the appellant states that the appellant is prepared to implead RIICO as a party in order to avoid this technical objection. In my view also the interests to justice require that the appellant should have been given an opportunity to implead RIICO. Since that does not appear to have been done, I am of the view that the appeal can be allowed on this short ground by affording an opportunity to the appellant to implead RIICO. Mr. N.N. Aggarwal, the learned Counsel for the respondents 1, 2 and 4 fairly concedes that if an application is moved to implead RIICO as a party, these respondents will not take any objection with regard to the same. In view of this, the appeal can be disposed of by giving direction to the appellant to take appropriate steps before the DRT, Delhi to implead RIICO.

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