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2016 Supreme(Bom) 440

D.H.WAGHELA, M.S.SONAK
Maharashtra State Financial Corporation – Appellant
Versus
Debts Recovery Appellate Tribunal – Respondent


Advocates:
Advocate Appeared:
Dr. Arun Kumar Barthakur with Ms Maya Majumdar for petitioner.
Mr. Narayan Sahu with Mr. Srinivas Mudaliyar and Ms Ayushi Anandpara i/b. Federal & Rashmikant for respondent no. 2.

JUDGMENT :

1] By this petition under Articles 226 and 227 of the Constitution of India, the petitioner - Maharashtra State Financial Corporation (MSFC) challenges judgment and order dated 20 June 2014 made by the Debt Recovery Appellate Tribunal, Mumbai (DRAT) in misc. appeal no. 241 of 2012.

2] By the impugned judgment and order, DRAT has set aside order dated 7 August 2012 made by the Debt Recovery Tribunal (DRT) refusing to grant leave to the respondents to cross-examine MFSC's officer, who has filed affidavit in support of the original application seeking to recover loan amounts and interest from the respondents, who are the guarantors for the repayment of said loan amounts.

3] Dr. Barthakur, learned counsel for MSFC has submitted that the impugned order made by DRAT is in violation of the Rule 12(6) of the Debts Recovery Tribunal (Procedure) Rules, 1993 (said Rules) and if the impugned order is allowed to stand, cross-examination shall have to be permitted, not merely in the cases at hand, but also in several other cases, arising out of the same transactions. Dr. Barthakur pointed out that loans have been advanced to over 500 persons for which, the respondents have offered themse

























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