G.B.PATTANAIK, M.B.SHAH
United Bank Of India – Appellant
Versus
Debts Recovery Tribunal – Respondent
Judgment
Pattanaik, J.-Leave granted.
2. The appellant, United Bank of India filed a suit in the High Court of Calcutta which was registered as Suit No. 276 of 1991, claiming different reliefs against the three defendants. While the suit was pending, the Parliament enacted the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as ‘the Act’) to provide for the establishment of tribunals for expeditious adjudication and recovery of debts due to Banks and Financial Institutions and for matters connected therewith or incidental thereto. The Act came into force on 24th of June, 1993. By operation of Section 31 of the Act, the suit in question stood transferred to the Debts Recovery Tribunal, established under the Act and was renumbered as Transferred Application No. 163 of 1996. The respondents moved an application before the tribunal, contending thereunder that the tribunal had no jurisdiction to entertain suit in question in view of the nature of the reliefs prayed for and as such, plaint should be returned to the plaintiffs for being filed in the High Court itself. The tribunal disposed of the applications filed by the defendants holding tha
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