Debts Recovery Tribunals and Appellate Tribunals
CH. BHIM SINGH INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST AND ANR vs PUNJAB NATIONAL BANK on 20 August 2022
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Contd. Order Sheet.....
DEBTS RECOVERY TRIBUNAL-III, DELHI
Item No.7
NDN/ 922/2022(MA) CH. BHIM SINGH INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST AND ANR Vs PUNJAB NATIONAL BANK
Dated: 20.08.2022
Present – Sh. Suresh Arora, counsel for the appellants.
This matter has taken up through Video Conferencing.
The present Misc. Application has been filed under Section 7(2) of the RDDBFI Act, 1993 praying therein to set aside the order dated 02.07.2022 passed by Recover Officer, DRT-III, Delhi in RC No.452/2018 and to stay the further proceedings qua order for attachment of the bank accounts of CDs/ appellants no.1 to 3 & 6.
As per Section 7(2) of the RDDBFI Act, 1993 speaks like that:- *"The Recovery officer and other officers and employees of a Tribunal shall discharge their function under the general superintendence of the Presiding Officer."*
Since, the prayer of applicant in MA relates to the adjudicated after filing appeal in DRT. The Section 7(2) is not applicable in this case.
Section 7(2) of RDDBFI Act speaks about general superintendence only and Presiding Officer of DRT is only authorized for general superintendence of Recovery Officer and other officers.
In the aforesaid circumstances, the application cannot be entertained in this
Contd. Order Sheet.....
DEBTS RECOVERY TRIBUNAL-III, DELHI
Forum as it is not maintainable, hence dismissed.
The defendants, if desire may file an appropriate application before Hon'ble Presiding Officer, according to provisions of RDDBFI Act.
File be consigned to record room.
(A. K. Pahuja) Registrar, DRT-III, Delhi