- (1.) Heard Sri Sashi Nandan, Senior Advocate assisted by Sri Anurag Jauhari, Advocate on behalf of the petitioner, and Sri Sanjeev Singh, Advocate on behalf of respondent No. 2.
(2.) The Bank of Baroda, Fatehpur Main Branch though its Branch Manager (respondent No. 2), which is a banking company duly constituted under the Banking Companies (Acquisition and Transfer of Undertakings), Act, 1970, filed a civil suit in the Judgeship of Fatehpur in the year 1995 for a money decree of Rs. 28,41,263/-, against the principal borrower, Sri Guru Bachan Singh as well as against the guarantor Sri Prem Jeet Singh Gujral. The suit was registered as Original Suit No. 84 of 1995. During the pendency of the said suit proceedings, a Tribunal was constituted under Section 3 of the Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter referred to as the 1993 Act) at Jabalpur. Accordingly the proceedings were transferred to the said Tribunal at Jabalpur. However, a Tribunal was constituted at Allahabad, the proceedings were therefore, transferred to the Tribunal at Allahabad under Section 31 of the 1993 Act.
(3.) The Presiding Officer, Debts Recovery Tribunal at Allahabad by means of the order dated 16th June, 2003 dismissed the suit filed by the Bank. Feeling aggrieved by the aforesaid order of the Presiding Officer Debts Recovery Tribunal, Allahabad the respondent-bank filed an appeal under Section 20 of the 1993 Act. The appeal was numbered as Appeal No. 323 of 2003. The Debt Recovery Appellate Tribunal, Allahabad by means of the Judgment and order dated 3rd June, 2005 has allowed the appeal so filed by the respondent-bank and has remanded the matter for reconsideration to the Debt Recovery Tribunal, Allahabad. The said order of remand of the Debt Recovery Appellate Tribunal, Allahabad has been challenged by means of the present writ petition.;