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2018 Supreme(SC) 872

A.K.SIKRI, ASHOK BHUSHAN
GOTTUMUKKALA VENKATA KRISHAMRAJU – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT :

A.K. SIKRI, J.

Petitioners in these petitions were appointed as Presiding Officers of Debt Recovery Tribunal created under the Recovery of Debts due to Banks and Financial Institutions Act, 1993 which is rechristened as Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as the ‘Act’). The appointment was made under the provisions of the said Act. Chapter II of the Act deals with the establishment of Tribunal and Appellate Tribunal. The provisions relevant for our purposes are Sections 3 to 6. Section 3 deals with establishment of the Tribunal by the Central Government to be known as the Debts Recovery Tribunal. Section 4 talks of composition of the Tribunal. Section 5 deals with the qualifications for appointment as Presiding Officers. Once appointed, the term of office of a Presiding Officer is stipulated in Section 6. There have been amendments to the various provisions of this Act in the year 2016. Also, the Act which was earlier known as the Recovery of Debts due to Banks and Financial Institutions Act, 1993 is given a new nomenclature and is now k



















































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