LAWS(RAJ)-2007-2-11

MOHAN LAL Vs. DWARKA PRASAD

Decided On February 15, 2007
MOHAN LAL Appellant
V/S
DWARKA PRASAD Respondents

JUDGEMENT

(1.) Two important questions of law arise for consideration in the present first appeal and on this arguments of not only learned counsel for the appellants and respondents were heard by this Court at length, but besides that learned counsel appearing in other cases involving same question, also addressed the Court in the present appeal as Amicus Curiae and they were heard at length. The questions are-

(2.) The factual background giving rise to the present appeal in brief is as under :-

(3.) Since the main provisions of Section 34 of the said Act refers to "any matter" which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act (Securitisation Act) and the bar is against entertainment of any suit or proceedings, it would be necessary to refer to the provisions contained in Section 13, 17 and 19 of the said Act also,