1999(5) Supreme 361
Supreme Court of India
(From Allahabad High Court)
B.N. Kirpal & S. Rajendra Babu, JJ.
Sita Ram Singhania -Petitioner
versus
Bank of Tokyo-Mitsubishi Ltd. & Ors. -Respondents
Special Leave Appeal (Civil) No. 6759 of 1999
Decided on 11-5-1999
Counsel for the Parties :
For the Petitioner : Mr. Ravinder Sethi, Sr. Advocate, Mr. Sanjay Gupta and Mr. Rajeev Sharma, Advocates.
Held : We see no reason why the High Courts in such matters filed by the defendants in suits instituted by the banks before the Debt Recovery Tribunal should more or less as a matter of course grant stay of proceedings before the Tribunals. The very purpose of setting up the Tibunals will be lost by granting stay merely because there is challenge to the notification constituting the Tribunal. In the present case, the High Court has rightly come to the conclusion that as the proceedings were initiated in the State of Madhya Pradesh, the Allahabad High Court had no jurisdiction. (Para 1)
Order
We see no reason why the High Courts in such matters filed by the defendants in suits instituted by the banks before the Debt Recovery Tribunal should more or less as a matter of course grant stay of proceedings before the Tribunals. The very purpose of setting up the Tibunals will be lost by granting stay merely because there is challenge to the notification constituting the Tribunal. In the present case, the High Court has rightly come to the conclusion that as the proceedings were initiated in the State of Madhya Pradesh, the Allahabad High Court had no jurisdiction.
The special leave petition is dismissed.
(S.P.M.) SLP dismissed.
************
Parallel Citations of other Journals :
Sita Ram Singhania v. Bank of Tokyo-Mitsubishi Ltd. & Ors., 1999(5) Supreme 361 : (1999) 4 SCC 382 : 1999(3) Comp LJ 170 : AIR 1999 SC 2180
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