- (1.) This revisional application emanates from the order dated 18th November, 2014 passed by the Hon'ble Chairperson, Kolkata Debts Recovery Appellate Tribunal in Appeal No. 429 of 2013 by which the Hon'ble Chairperson was pleased to set aside the judgment and order dated 29th October, 2013 passed by the Learned Presiding Officer, Debts Recovery Tribunal, Gauhati in O.A. No. 147 of 2011.
(2.) According to the petitioner, the Hon'ble Chairperson, Appellate Tribunal ought to have appreciated that there was no 'debt' as is defined under Section 2(g) Recovery of Debts due to Bank and Financial Institution Act, 1993. The said appellate tribunal had acted beyond his jurisdiction and failed to appreciate that the amount remitted to the account of the Petitioner No. 1 through R.T.G.S., which was not a loan or a financial assistance nor it was even transferred from the corpus of the applicant bank and therefore it does not come within the purview of Section 29 of the Recovery of Debts due to Bank and Financial Institution Act, 1993. He further added that the said amount was remitted, on being instructed by the proforma respondent, towards repayment of his dues lying payable to the present petitioner. Ventilating his such grievances he has prayed for dismissal of the impugned order.
(3.) The case of the opposite party Bank, as it transpires from their submission in course of hearing, that the bank concerned had remitted the said amount in favour of the present petitioner wrongly.;