This is a procedural order to list an appeal arising from DRT proceedings. The matter was adjourned for hearing, and proceedings in the lower court were temporarily stayed.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No.36/2022 Arising out of O.A.No.88/2004(DRT-II, Delhi)
M/s Rajdhani Cold Storage Pvt. Ltd. Vs Punjab & Sind Bank & Ors.
06.04.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Saket Sikri, Ld. counsel for appellant
Mr. Rajinder Wali, Ld. counsel for respondent no.1 bank
Mr. Anand Aggarwal and Ms. Reena Jain, Ld. counsel for respondents 2 and 3
This matter has been taken up by me through Video Conferencing.
This is an appeal against the orders dated 04.01.2022 and 22.03.2022. The learned counsel for appellant states that the matter was lying stayed vide order dated 01.11.2010 in view of Section 10 CPC application of defendant no.5. Thereafter, the learned Presiding Officer has revived the matter vide order dated 04.01.2022 and started proceedings against the appellant herein, which ought not to have been done for the reason that limitation to review the same already stood expired. Mr. Rajinder Wali, learned counsel for respondent bank, on the other hand, states that there are numerous judgments of the Hon’ble Supreme Court and High Courts which have laid down the law that the DRT has the power to proceed against defendant No.5 (appellant herein) as the proceedings under RDB Act, which is a special statute, shall prevail and jurisdiction of civil courts is barred in the matters which fall exclusively under the domain of DRT.
List the appeal on 18.07.2022 for hearing.
In the meanwhile, the proceedings before the learned DRT from tomorrow is stayed. Let lower court record, being O.A. No.88/2004, be summoned.
(CHAIRPERSON)
-pk
1 issue framed by the court
Whether the DRT can revive proceedings against a defendant after the limitation period for review has expired.
M/s Rajdhani Cold Storage Pvt. Ltd.
Punjab & Sind Bank
Brijesh Sethi
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
