V.K. MODI Vs. IFCI LTD.

JUDGEMENT

(1.) PRESENT writ petition has been filed by petitioner under Articles 226 and 227 of the Constitution of India seeking a direction to quash the Order dated 13.8.2015 passed by Debts Recovery Appellate Tribunal (hereinafter referred to as the "DRAT") in Misc. Appeal No. 225/2015 and the Order dated 23.4.2015 passed by Debts Recovery Tribunal (hereinafter referred to as the "DRT") in O.A. No.159/2001.

(2.) OUT of three applications, being I.A. Nos.96/2010, 393/2010 and 826/2010, filed by the petitioner herein before the DRT, two applications were dismissed. By the First application petitioner sought leave to cross - examine two witnesses, namely, Sh.S.K. Majumdar and Sh.M.P. Sethi, who were the officers of the respondent Bank. The second application was to seek leave of the Tribunal to summon witnesses.

(3.) AS far as the second application seeking leave to summon witnesses is concerned, learned senior counsel for the petitioner submits that no reasons have been given in the order passed by the DRAT for rejection of the application. Mr. Mehra contends that to summon a witness is the right of any litigant, which cannot be curtailed.