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CS Professional · Corporate Restructuring, Valuation and Insolvency · Debt Recovery and SARFAESI

An aggrieved person wants to appeal against an order made by a Debts Recovery Tribunal in an application filed by a bank for recovery of debts. Separately, a creditor is unhappy with an order of the Adjudicating Authority in a proceeding under Part III of the Insolvency and Bankruptcy Code, 2016. Under Section 17 of the Recovery of Debts and Bankruptcy Act, 1993, which statement is correct?

The Appellate Tribunal entertains appeals against orders of a Tribunal under the Recovery of Debts and Bankruptcy Act. From the date appointed by the Central Government, it also hears appeals against Adjudicating Authority orders under Part III of the Insolvency and Bankruptcy Code, as Section 17(2) and (2A) provide.

  1. AThe Appellate Tribunal under that Act hears appeals against Tribunal orders under the Act, and from the date appointed by the Central Government, also against Adjudicating Authority orders under Part III of the CodeCorrect
  2. BThe Tribunal itself hears appeals against its own orders under sub-section (2)
  3. CThe Appellate Tribunal hears appeals only against Part III orders, not against orders of the Tribunal
  4. DTribunals hear Part III Code applications only through circuit sittings, and no appeal lies to the Appellate Tribunal

Explanation

Section 17(2) gives the Appellate Tribunal jurisdiction over appeals against orders made, or deemed made, by a Tribunal under the Act. Section 17(2A) extends this, from a date to be appointed, to appeals against Adjudicating Authority orders under Part III of the Code. The other options misstate who hears appeals.

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