LAWS(BOM)-2004-4-175

KESHRIMAL JIVIJI SHAH Vs. BANK OF MAHARASHTRA

Decided On April 22, 2004
KESHRIMAL JIVJI SHAH Appellant
V/S
BANK OF MAHARASHTRA Respondents

JUDGEMENT

(1.) RULE. Respondent No. 1 waives service. Respondent Nos. 2 to 5 have been served. However, they have not appeared in the courts below as well. Therefore, in our view, petition can be disposed of at this stage. Rule is made returnable forthwith by consent.

(2.) TWO questions arise for consideration in this petition under Article 226 of the Constitution of India, challenging an order dated 9th February, 2004 in misc. Appeal No. 396 of 2003 passed by the learned Chairperson of Debt recovery Appellate Tribunal (for short Tribunal ).

(3.) THE questions are: