A.R.LAKSHMANAN, R.V.RAVEENDRAN
Indian Bank – Appellant
Versus
ABS Marine Products Pvt. LTD. – Respondent
Based on the document, there is no explicit finding that the consumer court has no jurisdiction. The document discusses the scope of jurisdiction and the exercise of powers by courts, including the principles guiding such decisions. It emphasizes that courts should adhere to the established jurisdictional limits and follow the proper procedural and legal standards. However, it does not explicitly state that consumer courts lack jurisdiction in any particular context or case.
JUDGMENT
Raveendran, J.—These appeals by special leave are filed against the judgment dated 10.5.2002 of the Calcutta High Court, dismissing A.P.O. Nos. 57-58 of 2001 filed by the appellant-Bank against orders dated 24.1.2001 and 13.3.2001 passed by a learned Single Judge of that court, rejecting an oral application and a written application respectively, filed by the appellant-Bank for transfer of Civil Suit No. 7/1995 (filed by first respondent herein against the appellant and others and pending on the file of the Calcutta High Court) to the Debt Recovery Tribunal, Calcutta, for being tried with O.A.No. 170/1995 (filed by the appellant against the first respondent and its guarantors).
2. The first respondent (also referred to as the ‘borrower’ or ‘company’) approached the appellant-Bank (for short ‘the Bank’) for certain credit facilities. By Sanction Advices dated 12.7.1991 and 6.12.1991, the Bank sanctioned ad hoc packing credit facilities to a limit of Rs. 20 lakhs and Rs. 5 lakhs respectively. According to the Bank, the company utilized the said credit facilities, but committed default in repaying the amounts advanced. Therefore, the Bank filed O.A. No. 170/1995 on 21.8.1995 be
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