R S SENTHAMARAIKANNAN Vs. PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL FOR TAMIL NADU KERALA AND PONDICHERRY AT CHENNAI

JUDGEMENT

(1.) THIS revision is under Art. 227 of the Constitution of india filed by respondents 4 and 7 in the Original Application No. 41 of 1996, on the file of Debts Recovery Tribunal at Chennai.

(2.) STATE Bank of India , tiruppur Branch, filed the above application for recovery of Rs. 10,51,791. 10 under two different heads, namely, Medium Term Loan Rs. 98,485 and cash Credit account Rs. 9,53,306. 10. It is the case of the Bank/ applicant that on the basis of an application filed by the first respondent before the tribunal, they were provided with two facilities, (1) Medium Term Loan, and (2) Cash Credit facility. It was on the basis of a single application, the above the facilities were availed, and when there is a breach of the obligations arising the under an availing the facilities, they are entitled to seek enforcement thereof by filing a single Application.

(3.) SUB-sec. (l) of Sec. 22 of the Recovery of Debts due to banks and Financial Institutions Ordinance, 1993, which was later passed as an act, reads thus: "the tribunal and the Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this ordinance and of any rules, the tribunal and the appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings. " Sec. 19 (8) says that an application made to the tribunal under SUB-sec. (l) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application finally within six months from the date of receipt of the application.