Debts Recovery Tribunals and Appellate Tribunals
MR N K MOHTA vs EDELWEISS ASSET RECONSTRUCTION COMPANY LTD on 31 July 2026
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-7-MA.NO. 06/2025
**31.07.202**
This Interlocutory Application has been filed by the applicants seeking permission to convert the Miscellaneous Application into a Review Petition. The Miscellaneous Application has been filed with a prayer to set aside the Recovery Certificate dated 12.02.2025 issued pursuant to the final order passed in OA No. 326/2002.
The applications submit that the Miscellaneous Application was filed under the bonafide impression that the Recovery Certificate could be challenged by filing such an application before this Tribunal. It is concluded that they have subsequently learnt that the appropriate remedy is by way of a Review Petition, Hence, the present application has been filed seeking permission to convert the Miscellaneous Application into a Review Petition.
The respondent company has opposed the application contending that the applicants have already preferred an appeal before the Hon'ble DRAT, Chennai challenging the final order passed in OA no. 326/2002. It is submitted that the Recovery Certificate is only a consequential proceeding issued in execution of the final order. Therefore, once the final order itself has been challenged before the Appellate Tribunal, the applicants cannot seek review of the consequential Recovery Certificate before this Tribunal.
Heard the learned counsel appearing for the parties and perused the records.
It is an admitted position that the Recovery Certificate dated 12.02.2025 was issued pursuant to the final order passed in OA no. 326/2002. The Recovery Certificate is only a consequential ministerial act giving effect to the final adjudication of this Tribunal and cannot be viewed independently of the final order.
It is also not in dispute that the applicants have already challenged in final order passed in OA no. 326/2002 before the Hon'ble DRAT. Once the applicant have involved the
-8-
MA.NO. 06/2025
...contd...
appellate jurisdiction against the final order, they cannot simultaneously seek review of the consequential Recovery Certificate before this Tribunal. Entertaining such a prayer would, in effect, amount to examining the correctness of a consequential order when the principal order itself is under challenge before the appellate forum, which is legally impermissible.
In the above facts and circumstances, this Tribunal is of the considered view that no case has been made out for permitting conversion of the Miscellaneous Application into a Review Petition. Accordingly, the IA no. 2911/2025 is dismissed.
Consequently, the MA no. 6/2025 seeking to set aside the Recovery Certificate dated 12.02.2025 is also dismissed as not maintainable, leaving it open to the applicants to pursue the appeal already pending before the Hon'ble DRAT, Chennai and to seek such relief as may be available to them in accordance with law.
✓ Presiding Officer.