SWAPAN KARAK Vs. ALLAHABAD BANK

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India which challenges order dated September 10, 2002 passed in the Case No. DRAT/CAL/8/2002/874 by Hon'ble Mr. Justice Ronojit Kumar Mitra, Chairperson, Debts Recovery Appellate Tribunal, Calcutta affirming the order dated 15th May, 2002 passed by the learned Officer, Calcutta Debts Recovery Tribunal No. 2 in T.A. No. 665 of 2001.

(2.) The Allahabad Bank authorities submitted a claim against the petitioner before the Calcutta Debts Recovery Tribunal No.2. The said claim case was registered as O.A. No.149 of 1995.

(3.) In the said claim case the petitioner filed an application under Order VII, Rule 11 of the Code of Civil Procedure. The said application was rejected. The petitioner moved this High Court on an application under Article 227. The High Court passed an Order on the said application under Article 227 and observed that since there is appellate authority over the Tribunal, the petitioner should prefer appeal before the said authority.