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Judgment
S. Ravi Kumar, Chairperson
This Appeal is preferred under Section 20 of the Recovery of Debts Due to Bank and Financial Institution Act, 1993 against the order dated 13.2.2015 in MA 47/2012 in OA 234/1998 on the file of DRT-I, Chennai. First respondent herein viz. IHFD Nagar Welfare Association, who are third parties to OA filed the above referred application to decide issue of mortgage rights of Assignor-Indian bank and render justice and that application is opposed by appellant herein (assignee of loan account by Indian bank) and Tribunal below on consideration of material, allowed that application and imposed costs of Rs.5.00 lakhs on the appellant herein and aggrieved by the said order, present appeal is preferred.
Heard both sides.
Advocate for appellant submitted that very same parties earlier filed several applications viz., MA Nos.181/2003 to 186/2003, MA Nos.247/2003 to 249/2003, MA Nos. 208/2003 to 210/2003, MA Nos.319/2004 to 324/2004 and MA Nos.503 & 504/2003 and a common order was passed on 10.9.2007 wherein Tribunal below has withdrawn Recovery Certificate dated 22.11.1999 in view of compromise in Lok Adalat with a direction to Ld. Recovery Officer to issue appropriate consequential orders.
Advocate for appellant submitted that as Assignor Bank has obtained a Lok Adalat Award, appellant herein intends to execute that Award and as on today there is no recovery certificate as it was withdrawn as per order dated 10.9.2007. He submitted that in view of Order dated 10.9.2007, impugned order may be set aside by recording the above submission.
Advocate for first respondent submitted that representation of appellant herein may be recorded and let appellant execute Lok Adalat Award but not the recovery certificate dated 22.11.1999, for which, advocate for appellant represented that they are going to execute Lok Adalat Award only and not the recovery certificate dated 22.11.1999, as it is already withdrawn as per order dated 10.9.2007.
Considering these submissions and power of DRT under Section 26(2) of RDDB & FI Act to withdraw Recovery Certificate, I am of the view that no adjudication is required on merits and appeal has to be allowed and the impugned order dated 13.2.2015 is to be set aside.
Accordingly, appeal MA 42/2019 is allowed. No order as to costs.