6201/2014 Page 1 of 24
(hereinafter referred to as "the RDDBFI Act") had been instituted before the
Debts Recovery Tribunal (hereinafter referred ... sought
to be recovered being not within the jurisdiction of DRT under RDDBFI
Act. It also argued that since the claim arose
Banks and Financial Institutions Act, 1993 (hereinafter referred to as "RDDBFI Act"). The proviso to Section 20(3) of the RDDBFI Act gives ... locked up in litigation. This made the parliament to enact the RDDBFI Act, 1993.
30. Section 19 of RDDBFI Act permits the Banks to file
Debts Due to Banks
and financial Institutions Act ( Briefly referred as RDDBFI Act ).
The question raised is as to whether the provisions of section ... principles are applicable to appeal filed
under section 30 of the RDDBFI Act.
::: Downloaded on - 09/06/2013 17:50:25 :::
4
2. The facts
Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the RDDBFI Act') and the Debts Recovery Tribunal (Procedure) Rules, 1993 (hereinafter referred ... Before we advert to the object and purpose and importance of the RDDBFI Act, we may refer the banking structure in India. Even while India
Recovery of Debts Due
to Banks and Financial Institutions Act, 1993 (RDDBFI Act)
(renamed from 26.5.2017 as "The Recovery of Debts and Bankruptcy ... been held that in view of
Sections 34 of the RDDBFI Act and the SARFAESI Act the
jurisdiction of civil court will be barred with
entertained as to the jurisdiction, power and procedure of the authorities
under RDDBFI Act are dispelled and such that the improprieties noted here ... Recovery of Debts
due to Banks and Financial Institutions Act, 1993 (RDDBFI Act) for
19.11.2007. On 19.11.2007 the Assistant Registrar recorded the
proceedings inter alia
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (the RDDBFI Act).
7. However, the matter in controversy primarily on the point ... definition of 'debt' under Section 2(g) of the RDDBFI Act, 1993, and for that matter, to determine the dispute of 'Jurisdiction
Banks and
Financial Institutions Act, 1993 (hereinafter referred to as 'the RDDBFI
Act'). It was submitted that, as the proceedings before the Debts ... Recovery Tribunal under the RDDBFI Act became similar to those of the
regular civil courts, a need was felt for facilitating the speedy recovery
Registrar was that for entertaining an appeal under Section 20 of the RDDBFI Act, 1993, fees are required to be paid by the aggrieved appellant ... whereunder the petition led under Section 22(2)(g) of the RDDBFI Act for setting aside exparte order passed in Original Application
Banks and Financial Institutions Act, 1993 [hereinafter referred to
as "the RDDBFI Act"], for the issuance of a Recovery Certificate in terms ... vitiated inasmuch as
it was in violation of Section 29 of the RDDBFI Act, 1993, read with Rule 68 B of
the Second Schedule