SATISH K.AGNIHOTRI, M.VENUGOPAL
Kotak Mahindra Bank Ltd. – Appellant
Versus
Kothari Industrial Corporation Ltd. , represented by its Chairman – Respondent
1. Questioning the legality and propriety of the interim order dated 22.09.2014 passed in O.A.No.23 of 2005 by the Debts Recovery Tribunal-I, Chennai, (for short “the DRT”), the petitioner has come up with the instant civil revision petition.
2. The challenge to the interim order is on the ground that the impugned interim order was passed without jurisdiction as the same amounts to sitting over the decision of this Court dated 25.2.2010 passed in C.R.P.No.3331 of 2009. The order is ex-facie illegal as the orders dated 2.2.2006 passed in I.A. No.586 of 2005 and 1.10.2009 passed in I.A.No.559 of 2005 were recalled without their being an application by either party and also without considering the settled propositions to recall the orders. The impugned interim order has been passed in violation of principles of natural justice without affording an opportunity of hearing to the petitioner to the effect that the matter was being heard on the issue of recalling of the orders dated 2.2.2006 passed in I.A. No.586 of 2005 and 1.10.2009 passed in I.A.No.559 of 2005. The impugned order is in complete violation of the order dated 21.7.2006 passed by the Debt Recovery Appellate Tribunal
Mohd. Ayub Khan Vs. Commissioner of Police (AIR 1965 SC 1623
Mahesh Kumar Saharia Vs. State of Nagaland and Others ((1997) 8 SCC 176
Kishore Samrite Vs. State of Uttar Pradesh and Others ((2013) 2 SCC 398
T. Govindaraja Mudaliar v. State of Tamil Nadu ((1973) 1 SCC 336
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