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1998 Supreme(Cal) 3

BIJITENDRA MOHAN MITRA
GRAPCO INDUSTRIES LTD. – Appellant
Versus
INDUSTRIAL CREDIT INVESTMENT CORPORATION OF INDIA LTD. – Respondent


Advocates Appeared:
A.MISHRA, ABHRAJIT MITRA, AJAY CHAUBEY, BHAGABAT CHOUDHURY, D.BASAK, DILIP GHOSH, HIRAK MITRA, N.K.Roy, PARITOSH SINHA, PRODOSH MALLICK, RAJA BASU CHOWDHURY, S.K.KAPOOR, S.MITRA, SOUMEN SEN, SUBHRA KAMAL MUKHERJI, SUDISH CHANDRA DAS GUPTA

BIJITENDRA MOHAN MITRA, J.

( 1 ) IN all these abovenoted revisional applications under Article 227 of the Constitution of India the impugned orders under challenges are in nature of ad-interim orders passed by the Debt Recovery Tribunal. The said revisional applications are numbered as five separate applications and before dealing with them serially this Court will consider the common questions of law and jurisdiction involved in the said proceedings.

( 2 ) THE common question which permeates the crux of the central range of controversy along with series of other pending revisional applications is centered-round on resolution of a question raised which has an element of commonality in character as to how far Debt Recovery Tribunal is competent and is authorised to pass under a self-contained statute know as The Recovery of Debts Due to Banks and Financial institutions Act, 1993 (Act No. 51 of 1993) which has been contended by the learned Counsels appearing on behalf of series of the petitioners and attention of this Court has been drawn to different dimensions focussed in order to substantiate their contention that the Debt Recovery Tribunal has neither any authority nor they are







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