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1999 Supreme(Bom) 819

R.M.LODHA, T.K.CHANDRASHEKHARA DAS
Bank of Maharashtra – Appellant
Versus
Konkan Chemicals Pvt. Ltd. and others – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---The applicant seeks for Judge's order to the effect that the offer dated 5-6-1999 made by M/s. Umang Enterprises for purchase of the suit hypothecated plant machinery stocks and all other movables for Rs. 27,78,600/- be accepted and direct the Receiver to hand over to said M/s. Umang Enterprises all the hypothecated securities lying at the factory of the 1st defendant etc.

2.The matter arises under execution of a decree obtained by the applicant. No one appears for the respondent. During the course of hearing of the application, a question arose as to whether, by virtue of section 31 of the Recovery of Debts due to Banks Financial Institutions Act, 1993 hereinafter called "the Act" be transferred to the Debt Recovery Tribunal as the amount involved is exceeding Rs. 10 lakhs. As per section 18 of the said Act, this Court has no jurisdiction to deal with those matters if the claim involves more than Rs. 10 lacs in respect of the claim of Bank. In this case the claimant is Bank of Maharashtra. So before considering the request of the applicant for issuing the Judges Order, I have to answer this question.

3.The learned Counsel for the applican

















































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