V.K.TAHILRAMANI, F.I.REBELLO
Anil Nandkishor Tibrewala – Appellant
Versus
Jammu and Kashmir Bank Ltd. – Respondent
2. The petitioners had moved the Debt Recovery Tribunal under the provisions of Section 19(25) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the RDB Act). The application which was filed on 1 - 12 - 2005 was numbered as Misc. Application No.52 of 2005 for rectification/modification/correction of the order dated 15 - 9 - 2005. It is the case of the petitioners, that the matter was posted for orders on 7th December, 2005, however, the Presiding Officer ceased to hold the office and no order was passed on the same.
3. We may now refer to a few facts:
Respondent No.1 had taken out proceedings before the Debts Recovery Tribunal being O.A.No.305 of 2002 by application dated 18 - 9 - 2002. Respondent Nos.2 to 10 herein were the Respondents before the Tribunal. By order dated 15 - 9 - 2004 the D.R.T. was pleased to allow the application which included a prayer that Flat No.902 was validly mortgaged in favour of Respondent No.1 i.e. the Jammu & Kashmir Bank Ltd., and if there was failure to pay the amount to Resp
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