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2015 Supreme(Del) 1105

G.S.SISTANI, SANGITA DHINGRA SEHGAL
Bank of Baroda – Appellant
Versus
Avm Health Care Products Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Arun Aggarwal, Advocate.

Judgment

G.S. Sistani, J.

CM APPL. 11488/2015

1. Exemption allowed subject to just exceptions.

2. Application disposed of.

W.P.(C) 6310/2015

3. An application under Order 1 Rule 10 CPC filed by the respondents herein before the Presiding Officer, Debt Recovery Tribunal was allowed by an order dated 22.04.2015, which has forced the petitioner herein to file a Miscellaneous Appeal before the Debt Recovery Appellate Tribunal. The appeal was disposed of on 22.04.2015. Aggrieved by the aforesaid order, the bank has filed the present writ petition.

4. Mr. Aggarwal, learned counsel for the petitioner has forcefully submitted that the bank being dominus litis cannot be forced to prosecute the parties as prayed by the borrower.

5. It is further submitted that the matter is likely to be delayed in case the application of the respondent for impleadment is taken up for hearing by the Debt Recovery Tribunal, as directed by the DRAT.

6. We have heard Mr. Aggarwal. We find the writ petition filed by the bank to be misconceived for the reason that the order passed by the learned Chairman is a well reasoned order, keeping in view the settled position of law and keeping in view the parameters which are to be








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