ANKIT STEEL Vs. BANK OF INDIA

JUDGEMENT

(1.) BY filing this petition under Article 227 of the Constitution of India, the petitioner seeks to challenge the order, dated 5. 10. 2003, passed by Debt Recovery Appellate Tribunal in Case No. R-315/2003 (Annexure P-3 ). Facts of the case lie in a narrow compass.

(2.) RESPONDENT-BANK instituted a civil suit No. 49-B of 1994 against the petitioners before the District Judge, Indore for recovery of Rs. 49. 23. 754/ -. During pendency of this suit, the Act called "the Recovery of Debts Due to Banks and Financial Institution Act, 1993" was enacted by the Parliament. In terms of the provisions of this Act, the aforesaid suit was transferred to Debt Recovery Tribunal being T. A. No. 945 of 1998. On 13. 7. 2000, the Tribunal decreed the claim (Annexure P-1) in respondents' favour by allowing the claim application. The petitioner then filed an appeal being Appeal No. A-29/2001 to Debt Recovery Appellate Tribunal under Section 20 of the Act against the aforesaid judgment of the Tribunal. By order, dated 26. 5. 2003 (Annexure P-2) the Appellate Tribunal dismissed the appeal and upheld the judgment of Tribunal.

(3.) IT appears that petitioners not being satisfied by the appellate order (Annexure P-2) filed an application (through post) purporting it to be a review application against an appellate order, dated 26. 5. 2003. This application is not on record of this petition. However, by impugned order (Annexure P-3) the Appellate Tribunal dismissed this application holding that in the absence of any provision for filing review application either in the Act or Rules, the application for review is summarily rejected. This is what was held: