Case Law Details
Canara Bank/Assets Recovery Mgmt. Branch Vs Debts Recovery Tribunal (Allahabad High Court)
1. Notices in Writ A No.682 of 2022 on behalf of respondent Nos.2 and 3 has been accepted by Mr.Amarjeet Singh Rakhra, Advocate and Mr. Rakesh Srivastava, Advocate respectively. learned Additional Chief Standing Counsel. Notices in Writ C No.692 of 2022 on behalf respondent Nos.2 to 5 and 6 have been accepted by Mr. Rajeev Sharma, Advocate and Mr.G.S. Mishra, Advocate respectively.
2. The petitioner has approached this Court against the orders dated 19.01.2022 and 03.01.2022 passed by Debt Recovery Tribunal, Lucknow in S.A. No.795 and 2019 and S.A. No.618 of 2018 respectively.
3. Occasion to approach this Court directly in writ jurisdiction has arisen because of keeping the post of Presiding Officer/Chairman of Debt Recovery Appellate Tribunal vacant for more than three months.
4. The Recovery of Debts and Bankruptcy Act, 1993 provides for establishment for Debt Recovery Tribunal/Debt Recovery Appellate Tribunal for the purpose of adjudicating the disputes for recovery etc., of the loan advanced by the financial institutions. For the said purposes, the tribunals and appellate tribunals have been set up and adjudicatory mechanism have been provided under the Act and rules framed thereunder.
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