The Tribunal dismissed an appeal challenging the rejection of a review application filed impugning a DRT order on equitable mortgage. The court held Order 47 Rule 7(1) CPC applies, making such rejection orders non-appealable under Section 20 RDDBFI Act.
The appeal was dismissed. No costs.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Misc. Appeal No. 143/2012
Between
Indian Bank … Appellant/s V/s. M/s. Indage Wines & Ors. …Respondent/s Ms Meenu P, i/b Mrs Rathina Maravarman, Advocate for Appellant.
-: Order dated: 01/12/2022:-
This is an appeal filed under section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (‘RDDB & FI Act’ for short) impugning the order of Debts Recovery Tribunal-II, Mumbai in Review Application No. 21/2010 in Original Application No. 59/2006, dated 25/04/2011 rejecting the application.
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force to a review under Rule 5A of the DRT Rules also. Order 47 Rule 7(1) CPC reads thus:
“ 7. Order of rejection not appealable. Objections to order granting applicatio n .— (1) An order of the Court rejecting the application shall not be appealable; but an order granting the application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.”
From the above Rule, it is adequately clear that no appeal would lie from an order rejecting the application for review. I find support in the decisions of the Hon’ble Supreme Court reported in Vinod Kapoor vs. State of Goa and Ors 2012 (12) SCC 378, State of Assam vs. Ripa Sarma AIR 2013 SC 3588 and Bussa Overseas & Property (P) Ltd.& Ano vs. Union of India & Ano (2016) 4 SCC 696.
Resultantly, the appeal is dismissed. No costs.
Sd/Chairperson
psa-02
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3 issues framed by the court
Whether an appeal lies against an order rejecting an application for review under Rule 5A of the DRT Rules guided by Order 47 Rule 7(1) CPC.
Whether the provisions of Order 47 Rule 7(1) of the Code of Civil Procedure apply to proceedings before the Debt Recovery Tribunal for purposes of reviewing a decision.
Whether the appellant's appeal challenging the rejection of the review application is maintainable.
Colour shows how this judgement treated each authority
Vinod Kapoor vs. State of Goa and OrsFollowed¶15
Vinod Kapoor vs. State of Goa and Ors 2012 (12) SCC 378 · Who else cites this
State of Assam vs. Ripa SarmaFollowed¶15
State of Assam vs. Ripa Sarma AIR 2013 SC 3588 · Who else cites this
Bussa Overseas & Property (P) Ltd. vs. Union of IndiaFollowed¶15
Bussa Overseas & Property (P) Ltd.& Ano vs. Union of India & Ano (2016) 4 SCC 696 · Who else cites this
5 provisions across 3 enactments
Indian Bank
M/s. Indage Wines & Ors.
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
