SURYA NEWS PRINT & PAPERS PRIVATE LIMITED Vs. BRANCH MANAGER, STATE BANK OF INDIA, KESINGA BRANCH, DIST.KALAHANDI, ORISSA

JUDGEMENT

(1.) IN this writ petition the petitioner has challenged the order dated 23.2.2009 passed by the Debts Recovery Appellate Tribunal, Kolkata (hereinafter referred to as "DRAT") directing the petitioner to make deposit of 25% of the claim amount by 31.3.2009 for the purpose of entertaining the appeal filed by the petitioners before the DRAT for disposal on merit.

(2.) LEARNED counsel appearing for the petitioner has submitted that the petitioner had filed two applications before the Debts Recovery Tribunal, Cuttack Bench, Cuttack and those applications were registered as M.A. No. 566 of 2008 and M.A. No. 567 of 2008. In those applications prayer was made for a declaration that the DRT has no jurisdiction to hear the pending O.A. No. 187 of 2008 and further praying for reference of the dispute for arbitration. Since the DRT, Cuttack Bench rejected the said applications by order dated 20.1.2009 the present petitioner had filed an appeal before the DRAT, Kolkata and the same was registered as Appeal Case No. 10 of 2009.

(3.) THE essential contention of the learned counsel for the petitioners is that the appeal had been filed against rejection of an application filed by the present petitioners under Section 19 of 1993 Act by the DRT, Cuttack Bench. Accordingly, learned counsel for the petitioners placed reliance on Section 21 of 1993 Act and submitted that Section 21 in fact shall not have any application to the facts of the present case. Section 21 of 1993 Act reads as under: