Drat Kolkata Court September 2000 Judgments

Challenge Engineering Pvt. Ltd. Vs. Indian Overseas Bank and ors.

Court: DRAT Kolkata

1. An application was presented on 26.9.2000 purporting to be one under Section 17A(1) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 hereinafter referred to as the Act, by the instant petition, the petitioners have sought to challenge the Order No. 13 dated 11.8.2000 passed by the Presiding Officer, DRT, Calcutta, on several grounds.2. A preliminary point that arose for consideration is about the maintainability of the petition under Section 17A(1) of the Act.Accordingly, the learned Advocate presenting the application was heard at length. He has also referred to a decision reported in AIR 1994 SC 3. It is contended by the learned Advocate that the power given by the said section to this Appellate Tribunal attracts even judicial matters passed by any DRT under its jurisdiction. It is contended that the section itself gives power to the Appellate Tribunal to appraise work which according to the learned Advocate means the judicial work and his contention is ...