K.S. Radhakrishnan, CJ.—Question that is posed for our consideration is whether a third party can invoke the provisions of Sub-section (25) of Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 so as to prevent the abuse of the process of the Tribunal and to secure ends of justice.

2. Division Bench of Bombay High Court in Anil Nandkishor Tibrewala & Anr. vs. Jammu and Kashmir Bank Ltd. [2007 (3) BomCR 941] interpreting Section 19(25) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short ‘RDB Act’) held as follows:

“A reading of this provision would indicate that there is a power in the Tribunal to give orders or directions to prevent abuse of its process or to secure the ends of justice. It is open to the Tribunal to lay down its own procedure and it is not hide bound by the procedural provisions of Code of Civil Procedure. At the same time, certain provisions of the Code of Civil Procedure, have been conferred on the Tribunal. The expression “prevent abuse of its process” or to secure the ends of justice in our opinion would be wide enough to cover a case where a financial institution has obtained an order o