IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1330 of 2009 (M/S) 1. M/s Saraswati Woolen Mills Pvt. Ltd. (Company under Liquidation and under the control of Official Liquidator) through its Ex-Chairman and Managing Director Shri Kailash Chandra Joshi Radha Orchards, P.O. Khirkhet, Ranikhet District Almora, Uttarakhand. 2. Shri Ravindra Chandra Joshi S/o Late Shri Radha Ballabh Joshi 3. Shri Kailash Chandra Joshi S/o Late Shri Radha Ballabh Joshi (since dead) through L.Rs:- 4/1 Smt. Chandrakala Joshi widow of Late Shri Ramesh Chandra Joshi 4/2 Khajan Chandra Joshi S/o Late Shri Ramesh Chandra Joshi. 4/3 Maj. Deepak Joshi S/o Late Shri Ramesh Chandra Joshi 4/4 Maneesh Joshi S/o Late Shri Ramesh Chandra Joshi 5. Shri Chhatra Pati Joshi S/o Late Shri Radha Ballabh Joshi All are residents of Radha Orchards Post Office Khirkhet, Ranikhet District Almora, Uttarakhand. ………Petitioners Versus 1. Punjab National Bank, having its Head Office at 7, Bhikhaji Cama Place, New Delhi also the Ranikhet Branch, District Almora Uttarakhand through its senior Manager. 2. The Debt Recovery Appellate Tribunal Ministry of Finance, Department of Financial Services, 147-A-58/1 J.N. Nehru Road Tagore Town, Allahabad 2111001, U.P. Through its Secretary/Registrar. ….Respondents. Shri Kailash Pande and Shri H.C. Pathak, Advocates for the review applicants. Shri L.K. Tiwari, Advocate for respondent No. 1. 2 Hon’ble Prafulla C. Pant, J. This is review application MCC No. 707 of 2009, praying the review of order dated 17.08.2009, passed by this Court in writ petition No. 1330 of 2009, whereby said writ petition was summarily dismissed with further direction to the petitioners to file their written statement before the Debt Recovery Tribunal (for short DRT) by 31.08.2009 in the suit, pending before said authority. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioners states that petitioners have filed the written statement before the DRT, as directed by this Court. The only submission, advanced on behalf of the review applicants (petitioners), before this Court is that the Debt Recovery Appellate Tribunal (for short DRAT), vide its order dated 07.07.2009, passed in Appeal No. R-1010 of 2008, closed the doors of the petitioners (defendants in the suit before the DRT) on three points:- 1) Regarding raising plea as to the non joinder of necessary parties in the suit. 2) Regarding the suit being hit by provision of Section 446 of Indian Companies Act, and 3) Regarding the affect of ‘status quo’ order dated 18.07.1996, passed in Special Appeal No. 570 of 1996, by the Allahabad 3 High Court, on the appeal of the petitioners. 4. Having considered submissions of learned counsel for the parties, this Court is of the view that since the issues are required to be framed only on the pleadings of the parties, and the issues arise only from the pleadings, and if the defendants raise the plea as to the non joinder of necessary parties, as to the suit being hit by provision of Section 446 of Indian Companies Act, 1956, or as to the affect of the status quo order, passed by Allahabad High Court, the decision on such pleas cannot be said to have been closed before the issues have been framed arising out of such pleadings. The observation made by DRAT as to the fact that the petitioners shall not be allowed to raise fresh objections on the above three points, in fact refers to the decision taken by the DRT and DRAT on the application filed by the petitioners (defendants) challenging the transfer of suit to DRT. Therefore, if on the basis of the pleadings of the parties, these three issues arise, the trial court may hear the same along with the suit and decide the same while deciding the suit. 5. With the above clarification, this review application stands disposed of. (Prafulla C. Pant, J.) Dt:23.09.2009 Sweta 4