ANIL BHAT LT COAL Vs. CITIBANK N A

JUDGEMENT

(1.) RULE. Heard forthwith.

(2.) THE petitioners have approached this court against the order of the Debt Recovery appellate Tribunal which after accepting the contention of the petitioners herein that the proceedings filed before it. by the respondent were without jurisdictions directed the return of the plaint (Application) for presentation to the proper Court. The petitioners are aggrieved by this part of the order. It is the submission on behalf of the petitioners that the Tribunal under the Act being a creature of Statute, consequently would have no jurisdiction to direct return of the Original application to the respondent for presentation to the proper Court. The application filed under section 19 of the Act is neither a plaint nor a suit as contemplated under the Code of Civil Procedure and as the Recovery of debts Due to Bank and Financial Institution act, 1993, hereinafter referred to as RDB Act, does not have a provision for return of plaint, it was not open to the Tribunal to direct return of the plaint.

(3.) ON the other hand on behalf of the respondent it is submitted that considering the language of section 22 of the RDB Act the tribunal is not bound by the procedure laid down by the Code of Civil Procedure. The relevant portion of section 22 of the RDB Act reads as under:-