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2000 Supreme(Bom) 165

S.H.KAPADIA
I. C. I. C. I. Ltd. . – Appellant
Versus
Patheja Brothers Forgings and Stampings Limited and others – Respondent


JUDGMENT - S.H. KAPADIA, J.:---On 16th July, 1999, the Central Government by notification established the Debt Recovery Tribunal under section 3 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Consequent upon the said notification, all suits/proceedings pending before this Court involving claims of Rs. 10 lakhs and above stood transferred to the Debts Recovery Tribunal (hereinafter, for the sake of brevity, referred to as "D.R.T.").

2.After 16th July, 1999 in several proceedings before the Court receiver parties have challenged the right of the Court Receiver to manage the properties on the ground that in view of D.R.T. Act, 1993, the Court Receiver had no authority to act in the matter. Hence, the Court Receiver has moved this Court. Pursuant to notice, the above matters have come up for hearing.

3.In the circumstances, the Court Receiver has moved this Court for adjudication of various points, which arise for determination consequent upon the above notification.

4.The following points arise for determination:

(i) Whether this Court has jurisdiction to issue directions to Court Receiver in suits in which the Court Receiver stands appointed prior to 16th Ju

















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