The Tribunal addressed a serious issue regarding a Presiding Officer passing a judgment outside their charge jurisdiction. Notices were issued to respondents for appearance and response. The case was listed for further order.
Noted; notices issued to respondents.
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Misc. Application Dy. No. 194/2022 Date: 01.08.2022
M/s Pareena Motors Pvt. Ltd. and Ors. Vs. The Ministry of Finance and Ors.
Present: Shri Alok Rai, counsel for the applicants, Shri Avinash Jaiswal, counsel for the respondent-Bank,
The present misc. application has been filed under section 17A(1) read with section 8 and section 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 making various prayers including for direction to the respondent no. 1 for pronouncement of the judgment dated 07.01.2022. It has been brought to the notice of this Tribunal that the Presiding Officer, DRT, Ranchi had additional charge of DRT, Patna only till 31.12.2021, but he has passed the judgment on 07.01.2022 in S.A. No. 33/2018, although he had no charge of DRT, Patna on the said date, for which a direction is being sought for pronouncing the judgment dated 07.01.2022 written by the respondent no. 4.
In view of the submission made by the leaned counsel for the applicant, it appears that it is a very serious issue, therefore, notices be issued to the respondents by three modes i.e. Registered Post with A.D. and Speed post as well as Dasti, who may appear and file their response. Steps to be taken within a week.
List this case on 30.09.2022 for passing necessary order.
Justice R. D. Khare Chairperson
VN Giri
1 issue framed by the court
Whether a direction to pronounce a judgment can be issued when the Presiding Officer no longer had jurisdictional charge over the court on the date of judgment?
M/s Pareena Motors Pvt. Ltd. and Ors.
The Ministry of Finance and Ors.
Respondent-Bank
Justice R. D. Khare
VN Giri
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
