2 Rule 6A inserted in DRT (Procedure) Rules, 1994 to provide a mechanism for review of orders of appellate Tribunal

DEBTS RECOVERY APPELLATE TRIBUNAL (PROCEDURE) AMENDMENT RULES, 2013 – INSERTION OF RULE 6A

NOTIFICATION NO. GSR 119 (E) [F.NO.6/4/2012-DRT(RECOVERY)], DATED 20-2-2013

In exercise of powers conferred by sub-sections (1) and (2) of section 36 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), the Central Government hereby makes the following rules further to amend the Debts Recovery Appellate Tribunal (Procedure) Rules, 1994, namely:—

1. (1) These rules may be called the Debts Recovery Appellate Tribunal (Procedure) Amendment Rules, 2013.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Debts Recovery Appellate Tribunal (Procedure) Rules, 1994, after rule 6, the following rule shall be inserted, namely:—

“6A. (1) Any party aggrieved by an order passed by the Appellate Tribunal, on account of some mistake or error apparent on the face of the record, desires to obtain a review of such order, may apply for a review to the Appellate Tribunal which passed the order.

(2) No application for review shall be made after the expiry of a period of sixty days from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application.

(3) Where it appears to the Appellate Tribunal that sufficient ground for a review does not exist, it shall reject the application, and if it is satisfied with the grounds raised in the application for such review, it shall allow the application for review of the order:

Provided that no such application for review shall be allowed without previous notice and an opportunity of being heard is given to the opposite party.”.

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