SARANG AVINASH KAMTEKAR Vs. ALPHA ORGANIC

JUDGEMENT

(1.) The challenge in this proceeding under Article 226 of the Constitution of India is to the judgment and order dtd. 27/6/2011 of the Debts Recovery Appellate Tribunal at Mumbai (hereafter 'DRAT' for short). Before the DRAT the order dtd. 26/3/2008 passed by the Debts Recovery Tribunal, Pune (hereafter 'DRT' for short) was under challenge, whereby the Appeal No. 28 of 2006 filed by Respondent No.1 under Sec. 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereafter 'RDDB and FI Act' for short) was dismissed as being barred by time and as being beyond the scope of Sec. 30 of the RDDB and FI Act.

(2.) The facts of the case in brief are: - The Respondent No.2-Bank of India (hereafter 'BOI' for short) filed Civil Suit No.180 of 1992 before the Civil Judge, Senior Division, Pune against the Respondent No.1-M/s. Alpha Organic (hereafter 'Alpha Organic' for short) for 2000' for short) became effective from 17/1/2000. Alpha Organic filed First Appeal No. 326 of 2001 before this Court against the judgment and decree dtd. 27/9/2000. The Appeal is admitted and pending final hearing. This Court by an order dtd. 11/10/2002 passed in Civil Application ('C.A.' for short) No. 3222 of 2001 and C. A. No. 3223 of 2002 in F. A. No. 326 of 2001 stayed the impugned decree subject to the condition regarding payment of the amount by Alpha Organic in the manner stated in the order. By an order dtd. 18/6/2003, this Court allowed the C.A. No. 1886 of 2003 in F. A. No. 326 of 2001 filed on behalf of BOI for withdrawal of the amount deposited, by passing following order:

(3.) In the meantime, the recovery proceedings (for execution of decree dtd. 27/9/2000) came to be initiated by BOI before the DRT-II invoking the provisions of Sec. 31A of the RDDB and FI Act. The Presiding Officer, DRT, Pune issued the recovery certificate dtd. 28/12/2001 under sub-sec. 7 of Sec. 19 of RDDB and FI Act of Rs.14,65,500.00, certifying that the mentioned sum of Rs.14,65,500.00together with further interest till realization of the amount aforesaid is due to BOI from Alpha Organic. It is further stated in the certificate that the Recovery Officer shall realize the amount as per such certificate in the manner and mode prescribed under Ss. 25 and 28 of the RDDB and FI Act.