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2002 Supreme(Bom) 778

NISHITA MHATRE, H.L.GOKHALE
Harshadrai O. Mody – Appellant
Versus
Bank of India & another – Respondent


JUDGMENT - H.L. GOKHALE, J.:---Heard Mr. Rana, Senior Counsel for the appellant. Mr. Tulzapurkar and Mr. Shetye appear for the respondents in both these matters.

2. The first of these two appeals seeks to challenge the order dated 30th April, 2002 passed by a learned Single Judge on the chamber summons taken out by the appellant for a direction against the 1st respondent-Nationalised Bank in an execution application moved by the bank against the appellants. The chamber summons sought a direction that the execution application filed by the 1st respondent-bank may not be transferred to the Debts Recovery Tribunal. The 1st respondent-bank has taken a decree against the appellant in the High Court or Justice, Queen's Bench Division in England for an amount of Rs. 2,47,82,743.40 The execution application was filed along with the certified copy on 6th May, 1998. The debts recovery Tribunal (hereinafter referred to as "the Tribunal") was constituted on 16th July, 1999 under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "the RDB Act"). In view of the passing of the said RDB Act and in view of the exclusive jurisdiction granted to that Tr











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