Shamim Jahan v. State Bank of India

Appeal Dy. No. 799/2023 Date: 03.07.2023

Shamim Jahan Vs. State Bank of India

Shri Ashok Pandey, Ld. Counsel for the appellant is present.

The submission of the Ld. Counsel is that the registry has objections that the provisions of section 17 (7) of SARFAESI Act is applicable only for Tribunal i.e. DRT and not Appellate Tribunal. In this context it is submitted that the Tribunal as a whole to be read which has already been defined in the Act, Section 17 is not confined only for purpose of the Tribunal i.e. DRT, but for the Appellate Tribunal also. In absence of any provisions it requires to be decided under 1993 Act. Section 17(2) of the RDB Act. The registry has also raised objections that in respect of 17(2) appeal has to be filed. It is required to be read along with the objections of section 17 A(1) which empowers the Hon’ble Chairperson of the Appellate Tribunal to exercise powers of superintendence and control over the Tribunals under its jurisdiction. If both the sections are read together the same confirms that section 17(2) is not confined only for the orders passed under section 18 of the SARFAESI Act or section 20 of the RDB Act as it is states that order which have been deemed to be made which means any other order passed by the court below which requires examination by the Appellate Tribunal or by way of the applications is brought to the knowledge of the Appellate Tribunal for the purpose of exercising judicial discussions or for any other purpose can also be examined either on the judicial side or on the administrative side. Since the substantial question of law is involved in the present case which will effect passing the order by the DRTs hence, it is necessary that said issue to be decided.

In view of the submissions made by the learned counsel for the appellant it is reiterated that submissions are not maintainable as

section 17 (7) of the SARFAESI Act pertains to DRT only. Secondly, the section 17 A(1) empowers the Hon’ble Chairperson of the Appellate Tribunal for general powers of superintendence and control over the DRT’s, moreover section 17 1A defines the power of superintendence and control.