LALITKUMAR JIVABHAI THAKKAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) QUESTION that is posed for our consideration is whether a third party can invoke the provisions of sub-Section (25) of Section 19 of the recovery of Debts Due to Banks and Financial Institutions Act, 1993 so as to prevent the abuse of the process of the Tribunal and to secure ends of justice.

(2.) DIVISION Bench of Bombay High Court in ANIL NANDKISHOR tibrewala and ANR. V. JAMMU AND KASHMIR BANK LTD. [ 2007 (3) BOM. C. R. 941 ] interpreting Section 19 (25) of the Recovery of debts Due to Banks and Financial Institutions Act, 1993 (for short 'rdb act') held as follows:

(3.) BOMBAY High Court on the basis of the above reasoning directed the Tribunal to dispose of the application preferred by a person who was not a party to the proceedings before the DRT.