AIR 2001 KARNATAKA 176 ::2001 AIR - Kant. H. C. R. 778 ::2001 (2) Com LJ 24 KAR ::2001 BankJ 786 ::(2001) ILR (Kant) (1) 1809 ::(2001) 3 CivLJ 651 ::2002 (1) BankCLR 630 ::(2001) 2 BankCas 578 ::2001 (2) KantLJ 534

Karnataka High Court

Hon'ble Judge(s): Hari Nath Tilhari , J

(A) Recovery of Debts Due to Banks and Financial Institutions Act (51 of 1993) , S.1, S.8, S.9, S.10, S.11— Debt Recovery Appellate Tribunal (Procedure for Appointment as Presiding Officer of the Appellate Tribunal) Rules (1998) , R.3— Debt Recovery Tribunal and Debt Recovery Appellate Tribunal - Establishment of, by Act - Is ultra vires Constitution - Power to establish these Tribunals does not flow either from Arts. 323-A and 323-B or from Entry 11-A of List 3 of Sch. 7 to Constitution. AIR 2000 All 181, AIR 1995 Delhi 323, Dissented from. Constitution of India , Art.323A, Art.323B, Art.245, Art.246, Art.248, Sch.VII List III Entry 11A— The Debt Recovery Tribunal and the Debt Recovery Appellate Tribunal could not be established under Act of 1993 by the Parliament or State Legislature and the provisions of the Act i.e., Sections 3, 4, 5, 6, 8, 9, 10, 11, 16 of the Act 81 of 1993 and the Rules of Procedure for appointment of Presiding Officer of Tribunal as of @page-Kant177 Chairperson/Presiding Officer of Appellate Tribunal suffer complete lack or want of legislative competence and as such, are ultra vires the Constitution.(Para 36 49) The 1993 Act establishing the Debt Recovery Tribunals could not be enacted by the Parliament under Entry 11-A of List 3 because ....