JUDGMENT

M. S. Karnik, J. - The challenge in this proceeding under article 226 of the Constitution of India is to the judgment and order dated 27/6/2011 of the Debts Recovery appellate Tribunal at Mumbai (hereafter 'DRaT' for short). Before the DRaT the order dated 26/3/2008 passed by the Debts Recovery Tribunal, Pune (hereafter 'DRT' for short) was under challenge, whereby the appeal No. 28 of 2006 filed by Respondent No.1 under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions act, 1993 (hereafter 'RDDB & FI act' for short) was dismissed as being barred by time and as being beyond the scope of Section 30 of the RDDB & FI act.

2. The facts of the case in brief are: -

The Respondent No.2-Bank of India (hereafter 'BOI' for short) filed Civil Suit No.180 of 1992 before the Civil Judge, Senior Division, Pune against the Respondent No.1-M/s. alpha Organic (hereafter 'alpha Organic' for short) for 2000' for short) became effective from 17/1/2000. alpha Organic filed First appeal No. 326 of 2001 before this Court against the judgment and decree dated 27/9/2000. The appeal is admitted and pending final hearing. This Court by an order dated 11/10/2002 passed in Civil