ALLOWING THE I.A.
UNDER SECTION 22(2)(h) OF THE RDDBFI ACT FILED
BY THE RESPONDENT SEEKING AMENDMENT OF THE
ORIGINAL APPLICATION ... allowing the I.A. under
Section 22(2)(h) of the RDDBFI Act filed by
the respondent seeking amendment of the
Original Application
Banks and Financial
Institutions Act, 1993 (for short 'RDDBFI Act') which
was granted by the DRT by order dated 21.9.2000 as
per Annexure ... transaction of agreement for sale. In that
context, Section 22 of RDDBFI Act is relevant to be
mentioned here:
" Section 22 :
(1) The Tribunal
disposal
of the appeals under SARFAESI Act , the
provisions of RDDBFI Act are made applicable.
The question of disposal of the appeal would
arise only ... disposal of the
appeal in accordance with the provisions of the
RDDBFI Act would arise only in case the appeal
is entertained. The fact that
Recovery of Debts Due to Banks and Financial Institutions
Act, 1993 (RDDBFI Act).
2. Respondent No. 1 had approved credit facilities for
the petitioners ... renumbered as T.A. 598/2017)
under Section 19 of the RDDBFI Act before the DRT,
Bangalore, seeking a recovery certificate for the following
Banks and Financial
Institutions Act, 1993 (for short "RDDBFI Act"). That
interim application is partly allowed by the impugned
order whereby, as against ... view of the express provisions of Section 21 of
the RDDBFI Act, the appeal of the petitioner could not
be entertained unless the appellant, petitioner
jurisdiction to order a refund, when recovery
proceedings under the RDDBFI Act, 1993 were transferred
from the Civil Court to the Debt Recovery Tribunal ... Court observed therein that
where an enactment (such as that of RDDBFI Act, 1993 until
the framing of the Debts Recovery Tribunals (Refund of Court
observed hereinabove, without exhausting the
remedy of appeal provided under the RDDBFI Act,
the suits with the basic relief of challenging the
decree passed
Recovery Officer are appealable under Section 20 of the
RDDBFI Act. In the case of O.C. Krishnan (supra), this Court
has observed and held ... Court has
observed that without exhaustion of the remedies under the
RDDBFI Act, the High Court ought not to have exercised its
jurisdiction under Article
Recovery Officer are appealable under Section 20 of the
RDDBFI Act. In the case of O.C. Krishnan (supra), this Court
has observed and held ... Court has
observed that without exhaustion of the remedies under the
RDDBFI Act, the High Court ought not to have exercised its
jurisdiction under Article
Recovery Officer are
appealable under Section 20 of the RDDBFI Act. In the
case of O.C. Krishnan (supra), this Court has observed
and held ... Court has
observed that without exhaustion of the remedies under
the RDDBFI Act, the High Court ought not to have
exercised its jurisdiction under Article
