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2019 Supreme(Jhk) 2094

HARISH CHANDRA MISHRA, DEEPAK ROSHAN
Siddharth Jewellers Private Limited – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For the Appellant :Rajiv Ranjan, Sr. Advocate and Ashok Kr. Yadav, Advocate
For the Respondents:Anil Kr. Sinha, Sr. Advocate, Pratyush Kumar and Prashant Kr. Shrivastava, Advocates

JUDGMENT :

Deepak Roshan, J.

1. The instant appeal is directed against the order dated 19.08.2014 passed by the Hon'ble Single Judge in W.P.(C) No. 4744 of 2013 whereby the Hon'ble Single Judge dismissed the writ application holding inter-alia that the Tribunal and the Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, rather it will have power to regulate their own procedure. The Hon'ble Single Judge has further held that before filing of application u/s. 22 (2)(b) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the 'RDBFI Act') by the Petitioners-Appellants, not only written statement had been filed by the them but even evidence on affidavit had been filed and thereby the question of violation of principle of natural justice does not arise.

In the writ application, the appellants have challenged the order dated 22.07.2013 passed by the Debts Recovery Appellate Tribunal, Allahabad (hereinafter referred to as DRAT) whereby the appeal filed by the appellants against the order dated 05.07.2013 passed by the Debts Recovery Tribunal, Ranchi (hereinafter referred to as DRT) has been dismiss

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