J K SEIGELL Vs. BANK OF INDIA
DEBTS RECOVERY APPELLATE TRIBUNAL
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Ravi Kumar Mathur, -
(1.) THIS matter may be epitomized as a classic example of how law may be variously utilized by parties not only to achieve the ends of justice for one but to defeat the ends of justice too for the other. I t may aptly be called a saga of tryst with destiny where both sides have left no stone unturned to defend their respective rights in whatever manner possible by adopting all postures available to them under law.
(2.) The canvas of story painted by the learned Counsel for the appellant in the memo of appeal at hand as also in his oral submissions bears eloquent testimony to the fact how with the brush of interpretation different hues and colours can we lent to various provisions of law to serve one's own interests.
I n the instant matter, it is an irony that in spite of having once reached the pinnacle of success and securing a recovery certificate issued in its favour against the appellant, the respondent Bank was still a few steps away from reaping the fruits of such success owning to untimely intervention by appellant in its process of reaping the harvest of success. Having assayed the whole conspectus in these words, I now proceed to deal with the factual matrix of the matter for the purpose of adequate disposal of this appeal.
(3.) THE appellant having been aggrieved with an order dated 16th September, 2005 passed by the learned Recovery Officer-II of this Tribunal in the pending recovery proceedings in R.C. No. 183/01 has filed this appeal against the respondent-Bank.;
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