INDIAN BANK Vs. BASICHEM INDIA LTD
LAWS(DR)-2004-7-11
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on July 28,2004

Appellant
VERSUS
Respondents

JUDGEMENT

D.C.Thakur, - (1.) ON behalf of the said Bank one application under Sub-section (1) of Section-31 -A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. [Act No. LI of 1993], has been made before this Tribunal against the four defendants. The said application has been in fact meant for an amount of Rs. 7,15,871-17 p., calculated as on June 6, 2002 before this Tribunal. Since then the said application has been for no reason pending. It is pending in spite of the existing legal system, according to which this Tribunal shall be not required to follow the principles of natural justice as far as the Order to be passed under Sub-section (2) of Section 31-A, which reads as follows: "The Tribunal shall issue a Certificate of Recovery on receipt of an application preferred under Sub-section (1) of Section 31-A of the said Act", is required from this Tribunal. Such peculiar event may appear too from the entire case starting its journey from Diary No. 63 of 2002 wherefrom it is being found out that the defendants have been given the opportunities of apprising this Tribunal whether they have paid the said ordered amount or not. Before this day, as many as twenty-three orders have been passed on several days and dates, but every time failing to witness the appearance of the defendants which results in the wilful abandonment of the opportunities so given to themselves (four defendants) to satisfy the Tribunal as to whether there has been paid by themselves either jointly or severally the amount as prayed from herein.
(2.) Before passing the order in connection with the application, this Tribunal refers to the disposed of suit bearing No. T.M.S. No. 253 of 1979 instituted by the said Bank on August 23, 1979 in the Court of the learned Additional Sub-Judge at Cuttack. The applicant Bank has instituted the said suit against those defendants in the year 1979 when neither the present Act has been enacted as the valid piece of legislation nor this Tribunal has been set up there under. From the original copy of the decree drawn and the judgment and order filed before this Tribunal, it further appears on August 20, 1982 the judgment and order have been pronounced by the said learned Court under Section 33 of the Code of Civil Procedure, 1908 (Act No. V of 1908), read along with Order 20 of the First Schedule to the said Code; and thereafter a decree was drawn against those defendants. Since then the defendants have not been caring to pay or satisfy the said decretal amount. It is known to all that a decree is ordinarily to be put into execution under Section 38 of the said Code, when any judgment-debtor does not satisfy the decretal amount. The more or less similar provision has been incorporated and laid down in Section 31-A of the present Act. It is for this reason, the Legislature while enacting the Act of 1993 as a valid piece of legislation, has not whispered as to the participation of the persons against whom a Certificate of Recovery has been statutorily required to be issued. The concept of natural justice is, from the time of the different masterminds, not advocating the strait-jacket formulae to be adopted and followed in a particular case. Even after the issuance of such certificate against the defen-dants as above, the further remedy open to them is not going to be taken away from themselves.
(3.) WITH the above foregoing reasons, this Tribunal is allowing the application of the applicant Bank preferred on June, 6, 2002. Hence, it is being ordered that a Certificate of Recovery shall be issued under Sub-section (2) of Section 31-A read along with Sub-section (22) of Section 19 of the said Act against the four defendants for the sum of Rs. 70,16,820-1? p. The learned Registrar-in-Charge of this Tribunal is being directed to place before me the draft copy of the said Certificate for the necessary correction and issuance within a period of another thirty days from the date of receipt of such order. The application preferred by the Bank on June 6, 2002 stands disposed of.;


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