- (1.) Challenging an order dated 27/11/2001 passed by the Debts Recovery Tribunal, Calcutta in O.A. No. 51 of 2001, the petitioner in the past moved an application under Article 227 of the Constitution of India before this Court on 6/12/2001 when this Court refused to entertain the said revisional application on the ground that the said order being an appealable one under Section 20 of the Debts Due to Banks and Financial Institutions Act, 1993 ('Act"), the petitioner should approach the Appellate Tribunal constituted under the Act. This Court however did not go into merit and permitted the learned advocate for the petitioner to take back the certified copy of the order impugned on furnishing a xerox copy thereof.
(2.) Pursuant to the aforesaid order dated 6/12/2001 the petitioner preferred an appeal before the learned Appellate Tribunal under the Act being Appeal No. DRAT/CAL-/A/21 of 2001 but the learned Appellate Tribunal by its order dated January 10, 2002 dismissed the said appeal on the ground that no appeal lay against an interlocutory order appointing Receiver over the property. The learned Appellate Tribunal was of the view that an appeal under Section 20 of the Act was maintainable only against a final order passed by the learned Tribunal on an application under Section 19 of the Act.
(3.) After the passing of the aforesaid order, the petitioner has filed an application for review of my earlier order dated 6/12/2001 and has prayed for leave to file a fresh application under Article 227 of the Constitution of India against order dated 27/11/2001 as also an earlier order dated 18/10/2001 which had merged with order dated 27/11/2001.;