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1997 Supreme(Kar) 140

H.N.NARAYAN
KARNATAKA STATE FINANCIAL CORPORATION – Appellant
Versus
SUN CANNING (P. ) LTD. – Respondent


Advocates:
K.Gopal Hegde

H. N. NARAYAN, J.

( 1 ) PETITIONER has filed a petition under Sections 31 and 32 of the State Financial Corporation Act, 1951, requesting the learned District Judge to pass a personal decree against the respondents with interest and costs amounting to Rs. 11,75,164/ -. The office of the learned District Judge, Bellary, has raised an objection that in view of the General Circular issued by the High Court of Karnataka in Circular No. 1/95 dated 18-2-1995, the application is liable to be filed before the Debt Recovery Tribunal, Bangalore, and placed the matter before the learned District Judge for suitable orders to return the papers for presentation before the Debt Recovery Tribunal. The learned District Judge, upon hearing the learned counsel for the petitioner has come to the conclusion that the Debt Recovery Tribunal established under the Recovery of Debts due to Banks and Financial Institutions Act, 1993 has got jurisdiction as the amount sought to be recovered in the petition is more than 10 lakhs and therefore ordered return of the petition for presentation before the Debt Recovery Tribunal. The order of the learned District Judge is impugned herein on the ground that the same i














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