In Brief
The Supreme Court examined whether the Code of Civil Procedure applies to proceedings under the Recovery of Debts and Bankruptcy Act (RDB Act). The respondent bank challenged the jurisdiction of the Debt Recovery Tribunal, and after the challenge was rejected on appeal, filed a review petition which was dismissed. The bank then sought a writ petition in the High Court. The Court held that Section 22(1) of the RDB Act excludes the application of CPC rules to the Tribunal. Section 20 establishes a complete code providing appeal rights against all decisions including review dismissals. The Act's overriding effect under Section 34 means CPC does not apply. The High Court's finding that a writ was maintainable was set aside and the appeal allowed.
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