1. Recovery suits transferred to a Debts Recovery Tribunal — subsequent establishment of another Tribunal exercising jurisdiction within the specified area. (Para 1 )
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2000 Supreme(SC) 1004
SUPREME COURT OF INDIA
A.S.Anand, CJI., R.C.Lahoti : S.N.Variava, JJ.
Jai Shiva Cement Private Limited: Utkarsh Printers
Versus
Allahabad Bank: Punjab National Bank, Saket Civil Lines, Meerut, U.P
Case No. : 10 of 2000
Date of Decision : 5/8/00
The court allowed the transfer of money suits from one Debts Recovery Tribunal to another newly established Tribunal that held jurisdiction over the relevant area to ensure expeditious disposal in accordance with the law.
Headnote:(A) Debts Recovery Tribunal - Transfer of suits - Money suits transferred from one Tribunal to another upon the establishment of a new Tribunal exercising jurisdiction over the relevant area - Records to be transferred for expeditious disposal. (Para 2)
Facts of the case:
Suits for recovery of various amounts were transferred to a Debts Recovery Tribunal. Subsequently, another Debts Recovery Tribunal was established to exercise jurisdiction within the specified area. The parties requested the withdrawal of the suits from the first Tribunal and their transfer to the newly established Tribunal.
Findings of Court:
The court acceded to the prayer to transfer the records of the suits to the newly established Tribunal to ensure they are disposed of in accordance with law and expeditiously.
Issues: Whether money suits should be transferred from an existing Debts Recovery Tribunal to a newly established one that has jurisdiction over the area.
Ratio Decidendi: Upon the establishment of a new Tribunal with jurisdiction over a specific area, suits previously transferred to another Tribunal may be transferred to the new one for disposal in accordance with law.
Result: Transfer petitions allowed.
Legal Category Hierarchy
Table of Contents
2. Request for withdrawal of money suits from one Debts Recovery Tribunal and transfer to another for disposal in accordance with law. (Para 2 )
3. The court accedes to the request for transfer of records to the newly established Tribunal for expeditious disposal. (Para 2 )
4. Suits may be transferred from one Debts Recovery Tribunal to another to ensure disposal in accordance with law and jurisdiction. (Para 2 )
5. Transfer petitions allowed — records directed to be transferred to the newly established Tribunal for expeditious disposal. (Para 2 , 3 )
6. Can suits be transferred between Debts Recovery Tribunals?
Yes, the court may allow the transfer of suits from one Debts Recovery Tribunal to another to ensure disposal in accordance with law, particularly when a new Tribunal is established with jurisdiction over the relevant area. (Para 2 )
(1) WE have heard learned Counsel for the parties. Suits for recovery of various amounts filed by the respondent banks against the petitioners were transferred to Debts Recovery Tribunal set up at Jabalpur. We are informed that a Debts Recovery Tribunal has now been set up at Allahabad to exercise jurisdiction within the area specified in the Notification dated 31st March, 2000.
(2) LEARNED Counsel for the parties submits that the money suits which had been transferred by the civil courts to the Debts Recovery Tribunal, Jabalpur may be withdrawn from that Tribunal and transferred for their disposal in accordance with law to the Debts Recovery Tribunal, Allahabad. We accede to the prayer and make an order accordingly. The presiding officer of Debts Recovery Tribunal, Jabalpur shall send the record of the two suits to the Debts Recovery Tribunal at Allahabad without any delay. The Tribunal at Allahabad shall continue with the trial of the suits and dispose of the same expeditiously.
(3) THE transfer petitions are allowed. No costs.
