DIPAK MISRA, S.P.KHARE, A.K.SHRIVASTAVA
Kowa Spinning Ltd. – Appellant
Versus
Debt Recovery Tribunal – Respondent
Misra, J. -- 1. In course of adjudication of proceedings in a Court of Law, sometimes vexed questions and complex situations do emerge which demand imperative penetration and intensive discernment to clear the maze and pave a luminous path through the labyrinthine so that the litigants precisely know their exact podium and become able to ventilate their grievances as permissible in law before the right forum without remaining in a state of uncertainty and indefiniteness. Certitude ushers in the quintessential virtues of law in an organized society and the absence of the same creates a shambolic situation which is not only unwarrantable but also law is at loath and averse to countenance the same. The cases at hand fresco a picture which not only creates a stir and an unusual ado to judicial discipline but also provokes and in a way accelerates the institutional syllogistic rethinking to have a deeper and greater probe into the arena of controversy. The spinal issue spiralled to this Court when the writ petitions were instituted assailing the orders passed by the Debts Recovery Tribunal (in short 'the Tribunal') on the foundation that Debts Recovery Appellate Tribunal (for short
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