Misc. Application No. 104 of 2005. Case: Nagpur Steel and Alloys Pvt. Ltd. Vs State Bank of India. Nagpur Debt Recovery Tribunals
| Case Number | Misc. Application No. 104 of 2005 |
| Counsel | For Appellant: A.M. Deo, Adv. and For Respondents: Khakhkhar, Adv. |
| Judges | K.J. Paratwar, Presiding Officer |
| Issue | Recovery of Debts Due to Banks and Financial Institution Act, 1993 - Sections 19(23) and 28(2) |
| Citation | IV (2005) BC 80 |
| Judgement Date | July 06, 2005 |
| Court | Nagpur Debt Recovery Tribunals |
Order:
K.J. Paratwar, Presiding Officer
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The Certificate Debtor in K.P. No. 3/2005 arising from M.A. 417/02 has taken out this application for transfer of copy of Recovery Certificate to DRT, Coimbatore for execution with reference to the properties of M/s. Sudarshan Steel Company and others who are judgment debtors of the Nappur Steel and Alloys Pvt. Ltd. arising from decree passed in Spl. Civil Suit No. 94/85 by 4th Joint Civil Judge, Sr. Division, Nagpur in their favour.
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In the reply, the Bank has given no objection for transferring Recovery Certificate.
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Even though there is unanimity amongst parties, Tribunal has to consider on merit. That was why I had invited Mr. Deo to satisfy as to how sought for can be granted.
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The learned Counsel has drawn my attention to provisions of Section 19(23) reproduced below without proviso:
"Where the Tribunal, which has issued a certificate of recovery, is satisfied that the property is situated within the local limits of the jurisdiction of two or more Tribunals, it may send the copies of the certificate of recovery "for execution to such other Tribunals where the property is situated."
My attention as also been invited Section 28(2) extracted without proviso:
If any amount is due from any person to the defendant, the Recovery Officer may require such person to deduct from the said amount, the amount of debt due from the defendant under this Act and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Recovery Officer.
It is urged by Mr. Deo that Section 19(23) empowers the...
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