- (1.) THE Presiding Officer of Kolkata Debts Recovery Tribunal No. 2 by two separate orders, passed in Case No. TA/23/2001 and TA/12/2001 was inter alia pleased to direct the third party in both the applications, being the occupants of a mortgaged property, to appear before the learned Tribunal on the next date of hearing at a camp sitting at Siliguri. The issue that arises for consideration in the two applications is whether the Presiding officer of Kolkata Debts Recovery Tribunal No. 2 had jurisdiction vested the statute to hold a hearing at a 'camp sitting' at Siliguri. In order to come to a finding on this issue it is necessary to look into the relevant statute, especially the relevant provisions relating to establishment of a Tribunal under the provisions of law. The relevant statute in the instant case is the recovery of Debts Due to Banks and Financial Institutions Act, 1993, (hereinafter referred to as the 'said Act' ). For the purpose of this case, one needs to look into Section 3 of the said Act, which is reproduced hereinbelow :- "establishment OF TRIBUNAL AND APPELLATE TRIBUNAL 3. Establishment of Tribunal.- (1) The Central Government shall, by notification, establish one or more Tribunals, to be known as the debts Recovery Tribunal, to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act. (2) The Central Government shall also specify, in the notification referred to in sub-section (1), the areas within which the Tribunal may exercise jurisdiction for entertaining and deciding the applications filed before it. "
(2.) THE above provision indicates that a notification is required to be issued by the Central Government for establishing a Tribunal under the said section.
(3.) IN the facts of the instant case it appears that vide Notification no. GSR 416 (E), dated 27th April, 1994, the Central Government, in exercise of the powers conferred by Section 3 of the said Act, established the Debts Recovery Tribunal at the place mentioned in column (2) of the table, to exercise jurisdiction within the areas specified in the corresponding entry in column (3) of the said Table contained in the notification.;