KISHAN CHHELARAM MANIK Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) HEARD Mr. Jain, the learned counsel for the petitioners and Mr. Damale, the learned counsel for the respondent No.1.

(2.) THIS Writ Petition is directed against the order dated 16.4.2012 passed by the Debts Recovery Appellate Tribunal in Misc. Appeal No.295 of 2008 whereby the appeal filed by the petitioners challenging the order dated 18.6.2008 passed by the Debts Recovery Tribunal No.1 in Misc. Application No.34 of 2006 came to be dismissed.

(3.) MR . Jain, the learned counsel for the petitioners, has submitted that the impugned order has been challenged by the petitioners primarily on the grounds that after the suit was transferred from the Original Side of this Court to the Debts Recovery Tribunal, Mumbai, in view of the provisions of S.19(4) & (5) of the Act and R.11 of the Debts Recovery Tribunal (Procedure) Rules, 1993 (hereinafter referred to as the "Rules" and Regulations 17, 18 & 19 of the Debts Recovery Tribunal Regulation of Practice, 1997, it was incumbent upon the respondent No. 1 Bank to serve transfer notice upon the petitioners.