Related to drt sarfesi act
Ajay
(Querist) 25 July 2012
This query is : Resolved
Can we file a contempt proceeding against DRT judge when we enclose AP high court Judgement
but DRT judge has not taken any account of that Judgement neither refer AP highcourt Judgement in his order.
DRT judge order is against Judgement of AP High court.
Devajyoti Barman
(Expert) 25 July 2012
Prefer Appeal against this order.
The court would act in its own way which sometimes may not be in terms of our choice.
Ajay
(Querist) 25 July 2012
Can we go for revision in same court as in Judgement many things not taken into account,and when we go higher court judgement is vague one sided,nothing is discuss in judgement why account Become NPA,whether bank has given us chance to regularise our account or not,some RBI guidelines,we requested bank for restructuring of loan which bank refused,all these nothing mention in order,simply account become NPA hence SA is dismissed with cost.
so can i go for revision in same court and atleast try to insert all our contention in order to get benefit in higher court
Anirudh
(Expert) 25 July 2012
Dear Mr. Ajay,
I am afraid, the DRT cannot review its own orders.
You can only prefer an appeal against an order passed by the DRT.
If you have covered all the points mentioned by you above in your petition/reply to the O.A. before the DRT, then that is enough to prefer an appeal and to state that none of the points / rulings / objections raised by you were dealt with by the DRT.
Ajay
(Querist) 25 July 2012
sir,even we paid 4 to 5 instalment after issue of 13/2 notice where as AP high court clear judgement is that once 13/2 notice issued and if bank accept instalment,they can not issued 13/4,but they we paid last instalment on 15/3/2010 and bank issued 13/4 notice on 26/3/2010
some supreme court judgement say what ever be contention put up by party Judge has to hear all and consider every thing before giving judgement other wise Judge can review his own order one judgement
Mohd.Akram Ansari
Versus
Chief Election Officer & Ors.
Case No. : Civil Appeal No. 4981 of 2006 with Civil Appeal No. 5828 of 2006
Date of Decision : 04-Dec-2007
Anirudh
(Expert) 25 July 2012
Dear Mr. Ajay,
One should have some sense of proportion.
One time you say that you want to file contempt.
Another time you say that you want to file a revision (i take it you meant review).
Now when it was pointed out that DRT cannot review its own order, you talk about some SC judgement according to which a judge can review his own orders.
First and foremost understand that a Judge and a presiding officer of the DRT are not on same footing. That makes a whole lot of difference.
Ajay
(Querist) 25 July 2012
sir i wanted to file but my advocate refused that we can not file,hence i like to take opinion of expert,so if i am not able to file contempt than other option either appeal or review so my advocate is advising me to go for review in stead of appeal,as every contention should be inserted in Judgement.
sorry if i made any wrong comment
Anirudh
(Expert) 25 July 2012
As a party, you cannot compel any presiding officer to include all your contentions.
In any case, ask your lawyer, under what Sections Review Petition is permitted.
R.K Nanda
(Expert) 25 July 2012
1.No.
2.U can file SLP in SC against DRT order.
Ajay
(Querist) 25 July 2012
We have gone through the case. As per telecon, we are of the firm view that, you should file an application for REVIEW of the order under section 22[2] of the DRT Act, 1993, read with section 151 of the CPC, stressing upon that, the arguments put forth before the PO on the point of applicability of RBI guidelines in the matter of declaration of the account as NPA, have not been discussed in the order, though argued. Our contention finds support from the judgment of the Supreme Court in the matter of Mohd. Akram Ansari, which is being sent for your ready reference. If your advocate feels comfortable,
Ajay
(Querist) 25 July 2012
Nanda Saheb
Can we go direct to supreme court without going to DRAT/High court?Supreme court may ask us to take other remedy like DRAT or High court
R.K Nanda
(Expert) 25 July 2012
In ur case u can go directly to SC.
Ajay
(Querist) 25 July 2012
under which section we need to go to supreme court?we want to made damages also on bank for making my account illegally NPA,
R.K Nanda
(Expert) 25 July 2012
U can file SLP under article 32 of constitution of India.
Ajay
(Querist) 25 July 2012
Nanda saheb do you practice in Supreme court?,plz send me yr mail id
Anirudh
(Expert) 25 July 2012
Dear Mr. Ajay,
Yes, under Sec. 22(2)(e) of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, the Tribunal / Appellate Tribunal have powers to reviewing its decisions.
But, there again, you will only get an order from the DRT on your review petition. But, you cannot compel the DRT to record all your contentions and to give its findings.
Therefore, it would be advisable for you to file an Appeal before the Appellate Tribunal.
Ajay
(Querist) 25 July 2012
Sir,Actually my problem is initially we engage Junior Advocate who does not file all document along with petition,later i engage senior advocate and he made 65page amendment application and along with amendment application we enclose many other paper,we file amendment application on 6/12/2010 but no judgement was paased on our application whether accepted or rejected,directly final order passed in 1st week of July 2012.
so higher court we may face trouble and once we file review and submit all document than we go higher court may be advisable,plz guide
R.K Nanda
(Expert) 25 July 2012
My email id. rknanda7@gmail.com U can also
get it from my profile on LCI.
MOB.9818465434
Ajay
(Querist) 25 July 2012
NANDA SAHEB
I HAVE EMIAL YOU MY ORDER COPY.PLZ CHECK AND ADVISE
Anirudh
(Expert) 25 July 2012
Dear Ajay,
The best way to know whether all the documents / papers filed by you have been taken on record or not, is to apply for certified copy of entire case file. Once the certified copy is made available to you, you will know whether the additional papers etc. filed by you have been taken on record or not.
If taken on record (as available in the certified copy) then you can straight away make an appeal to the Appellate Tribunal.
In case the said additional documents/papers are not taken on record, you can then file a review petition saying that you filed those papers (by such and such diary number) but does not seem to have been taken into account while delivering the decision.
Anirudh
(Expert) 25 July 2012
Dear Mr. Ajay,
ONE MORE IMPORTANT POINT WHICH I WANT TO POINT OUT TO YOU, (AND ALSO TO OTHER SIMILAR QUERIESTS):
You did not reveal the complete facts (which now you made like having engaged a junior, then senior and submitting additional documents after engaging the senior etc. etc.), but in an abstract way, without revealing facts, you straight away asked the question:
"Can we file a contempt proceeding against DRT judge when we enclose AP high court Judgement
but DRT judge has not taken any account of that Judgement neither refer AP highcourt Judgement in his order.
DRT judge order is against Judgement of AP High court"
Just imaging, only when we interacted with you, you started revealing all the facts (still we do not know how much fact is yet to be revealed), which you could have given right at the beginning while asking the query. That would have given the experts a proper perspective while answering the query.
Ajay
(Querist) 25 July 2012
sir
we file all document by doing affidavit,further we are not advocate so we do not understand much complication of legal system but what ever thaught come to my mind,i explain,further judgement date was posted for 11th may 2012 but judgement recieved on 1st week of july.
Ajay
(Querist) 25 July 2012
ANIRUSHJI
MAY I KNOW WHICH COURT AND CITY YOU ARE PRACTICING,
Nadeem Qureshi
(Expert) 26 July 2012
Dear Querist
The DRT is bound to accept HC order and do the same as per the HC direction/order but it's depend only the DRT court which comes under this HC not any other DRT. if after HC Order DRT is not accepting the HC order or Direction, you have right to file a writ before supreme court against this order.
Feel free to Call
Ajay
(Querist) 26 July 2012
Nadeem sir
Highcourt order is not in my favour,my jurisdiction is Bangalore high court but andhra highcourt given a judgement which we enclosed copy along with our amendment application,Bangalore drt has not even follow even not refer that judgement in their judgement which is absolutely against the High court ruling
Ajay
(Querist) 26 July 2012
STILL CAN WE GO DIRECTLY IN SUPREME COURT AGAINST DRT ORDER OR HAVE TO FOLLOW DRAT,HIGHCOURT THAN SUPREME COURT
ajay sethi
(Expert) 26 July 2012
you cannot go to supreme court directly . an alternative remedy is available . aginst the impugned order passed by DRT you have to file appeal before DRAT .
Anirudh
(Expert) 26 July 2012
Dear Mr. Ajay,
You are unnecessarily wasting the precious time.
As already advised to you, (even by Mr. Ajay Sethi) you have to file the appeal before the DRAppellat Tribunal.
As far as we are concerned we are practising in Delhi in all the Courts i.e. District Courts, DRT, Consumer Forums, High Court, Supreme Court etc.
