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2000 Supreme(Bom) 837

R.J.KOCHAR
Bank of Tokyo Mitsubishi Ltd. – Appellant
Versus
Chembra Estates & others – Respondent


JUDGMENT - R.J. KOCHAR, J.:---The above chamber summonses are the offshoot in the Suit No. 954 of 1987. I am called upon to decide the above chamber summonses when the suit itself, being a Bank Suit, has stood transferred from this Court to the Debt Recovery Tribunal (D.R.T.) established under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (R.D.D.B.F.I., Act) on and from 16-12-1999. A very strange and curious situation has arisen before me. The main suit proceedings are not in my hands while its offshoots are praying for appropriate orders at my hands. Though this Court has no jurisdiction, powers and authority to entertain and decide, applications from the Banks and Financial Institutions for recovery of debts due to such Banks and Financial Institutions this Court is called upon to decide the above chamber summonses taken out as interlocutory proceedings in the above suit which has already been transferred to the D.R.T. as contemplated under section 17 and section 18 read with section 31 of the R.D.D.B.F.I., Act.

2. The reason for this situation is that by an order dated 3-4-1987 this Court had appointed High Court Receiver, High Court Bombay in respect of









































































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