In a significant legal development, the Allahabad High Court has rendered a verdict nullifying the judgment & order dated 19.10.2005 passed by the Debt Recovery Appellate Tribunal, Allahabad in Appeal of 2005, along with the order dated 29.04.2005 passed by the Presiding Officer of D.R.T., Lucknow in Appeal of 2004. The ruling marks a pivotal moment in the ongoing legal saga between the parties involved.
The case, which has been the subject of intense legal scrutiny, revolves around the dispute between petitioner Ram Avtar and respondents M/s Durga Rice & Dall Mills & others. The petitioner sought relief through a writ petition, challenging various aspects of the debt recovery process initiated by the respondent Bank.
“Once the effect and operation of the interim order wipes out on final order being passed thereon, all consequential proceeding goes. This vital aspect of the matter was brought to the notice of the Tribunal, but instead of taking note of the said fact, the appeal of the petitioner was dismissed on that ground, which cannot be permissible in law.” stated Justice Piyush Agrawal, presiding judge in the case.
The petitioner, represented by counsel Ms. Shreya Gupta, raised several key points to support their case. Among these was the contention that the appeal filed before the Debt Recovery Tribunal (DRT) was not maintainable due to the failure of the judgment-debtor to challenge crucial aspects of the recovery proceedings. Additionally, it was argued that the DRT had granted relief not prayed for by the judgment-debtor, exceeding its jurisdiction under the law.
“In view of the peculiar facts and circumstances of the case, as referred to herein-above, the judgments cited by the learned counsel for the contesting respondents are of no aid to them,” remarked the judge, highlighting the intricacies of the legal arguments presented.
Furthermore, the court addressed the issue of the interim order passed in a previous appeal, emphasizing that once an appeal is dismissed, any interim orders associated with it cease to have effect.
Case Name: Ram Avtar Vs. M/s Durga Rice & Dall Mills & 5 Others
Case No: WRIT – C No. – 68334 of 2005
Bench: Justice Piyush Agrawal
Order dated: 11.03.2024
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