(1) The Tribunal and the Appellate Tribunal shall not be, bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this Ordinance and of any rules, the Tribunal and the Appellate Tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings.
(2) The Tribunal and the Appellate Tribunal shall have, for the purpose of discharging their functions under this Ordinance, the same powerg as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely: — L (a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits; \
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex parte;
(g) setting aside any order of dismissal of any application for default or any order passed by it ex-Parte;
(h) any other matter which imay be prescribed.
(3) Any proceeding before the Tribunal or the Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code and the Tribunal or the Appellate Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of th& Code of Criminal Procedure, 1973.
Deposit of amount of debt due, on filing appeal.
Procedure and Powers of th© Tribunal and the Appellate Tribunal.
THE GAZETTE OF INDIA EXTRAORDINARY [FART H— Right to legal representation and Presenting OffL cere.
Limitation.
' 28. (1) A bank or a financial: institution making an application to a "Tribunal or. an appeal to an Appellate Tribunal may authorise one or more legal practitioners or any of its officers to act as Presenting Officers and every person so authorised by it may present its case before the Tribunal or the Appellate Tribunal.
(2) The defendant may either* appear in person ">r authorise one or more legal practitioners or any of his or its officers to present his or its case before the Tribunal or the Appellate Tribunal.
* 2̂4. The provisions of "the limitation Act, 1963 shall, as far as may be, apply to an application "made to a Tribunal.
36 of 1963 Valid% of certificate and amendment thereof.
Stay of Proceed, ings under certfiicate and amendment or withdrawal thereof.
.'"," CHAPTER V _ _ _ . . .
- ~'-~ ' RECOVERY OFDBSTrterfeRMiNED BY TRIBUNAL -25, The-Recovery Officer shall, on receipt of the copy of the certificate under- sub-section (7) of ~- section 19, proceed to recover the amount of debt specified in the certificate by one or more of the following modes, "rtStaiely:—'
(a) attachment and sale of the movable or immovable property, of the defendant;
,(b) arrest of_ the defendant and his detention in prison;
- ' « (c)- appointing- a Feceiver for the management of the movable -or immovable properties of the defendant.
^% .(•*) M shall not be open, to the defendant to dispute before the Recovery Officer the correctness of the amount specified in the certificate, and no objection to the certificate on any other ground shall also be entertained by the Recovery Officer.
"(2) Notwithstanding the-issue, of a. certicate to a Recovery Officer, the Presiding Officer shall have nower to withdraw the certificate or correct any clerical or arithmetical'mistake in the certificate by sending an intimation to the Recovery Officer.
(5):'The Presiding Officer 'shall Intimate jtlo the Recovery Officer any order withdrawing or cancelHBg a certificate or any correction;
made by him under sub-section (2).