VISION ORGANICS LTD Vs. ICICI BANK LTD

JUDGEMENT

(1.) BY filing this Special Civil Application, the writ petitioners have prayed for quashing and setting aside an order dated 17 th February 2012 passed by Debt Recovery Appellate Tribunal, Mumbai [DRAT, hereafter] in M.A. No. 139 of 2011 thereby refusing to condone the delay of 7 days in preferring Review Applications before the Debt Recovery Tribunal, Ahmedabad [DRT, hereafter] being No. 6 of 2010, 7 of 2010, 8 of 2010 and 9 of 2010 and to issue appropriate writ to the Presiding Officer, DRT II, Ahmedabad for hearing the Review Applications on merits. By way of amendment, the petitioners have also prayed for a declaration that Rule 5A of the DRT Rules, 1993 is ultra vires to the extent it exclude applicability of Section 5 of the Limitation Act 1963 in filing Review Application before the DRT.

(2.) THE facts giving rise to the filing of this writ application may be summed up thus:

(3.) THE party in person appearing on behalf of the petitioners, on the other hand, contended that on the previous occasions when sub Rule (2) of Rule 5A of the DRT Rules, 1993 was held intra vires, some important points were not taken by the petitioners and as such, he wants to argue on the left out points. As regards the other contention that the main judgment of the DRT has been affirmed by this Court in exercise of power under Articles 227/227 of the Constitution of India and the Special Leave Petition has been summarily dismissed, according to the petitioners, the SLP not having been dismissed after granting leave, the present application challenging the order rejecting review is maintainable.