VISION ORGANICS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the validity of Rule 5A(2) and provisions made at Sr.No.3(b) of the Appendix enclosed with Rule 7(2) of the Debt Recovery Tribunal (Procedure) Rules, 1993 (hereinafter referred to as 'the DRT Rules, 1993 ). Further prayer has been made to direct the 2nd respondent Registrar, Debt Recovery Tribunal, Ahmedabad, to refund the fee of Rs.60,000/- paid at the time of filing of the review applications.

(2.) The brief facts of the case are that the petitioner obtained loan from I.D.B.I. Bank, ICICI Bank and Bank of Baroda. Having failed to recover the amount, aforesaid Banks filed Original Applications, viz. OA No. 274/01, OA No. 326/01, OA No. 192/01 and OA No.300/01 u/Sec.19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, (hereinafter referred to as 'the R.D.D.B. Act, 1993 ) before the Debt Recovery Tribunal No.2, Ahmedabad. All the aforesaid applications have been finally decided by the D.R.T. II, Ahmedabad, by a common judgement dated 27th September 2010 decreeing the applications in favour of the Banks and against the petitioners.

(3.) Referring to the decision of the Supreme Court in Mohd. Akram Ansari v. Chief Election Officer, 2008 AIR(SC) 1247, the petitioner preferred review applications u/Sec.22(2)(e) of the R.D.D.B. Act, 1993, before the Debt Recovery Tribunal. The review applications have been dismissed by the Debt Recovery Tribunal II, Ahmedabad, by a common order dated 31st May 2011, being time-barred under Rule 5A(2) of the DRT Rules, 1993.