JUDGMENT - S.A. BOBDE, J.:---This chamber summons is taken out by the defendant, Harshadrai Odhavji Mody, for a direction that the execution application filed by the plaintiffs, Bank of India, which holds a decree against it, be in effect retained in this Court and not be transferred to the Debt Recovery Tribunal under the provisions of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993 (hereinafter referred to "the RDB Act").

2. The facts in brief are that on 16th October, 1996 the Bank of India obtained a decree before the High Court of Justice, Queen's Bench Division at England in the sum of Rs. 2,47,82,743.40 ps. The plaintiff Bank then put the decree into execution before this Court along with the certified copy on 6th May, 1998. The Debt Recovery Tribunal had not been constituted then. On 16th July, 1999 the constitution of the Debt Recovery Tribunal was notified. Thus execution application was being transferred to the Debt Recovery Tribunal when the defendant erroneously made an application for speaking to the minutes of an administrative order by which all matters filed by Bank and Financial Institutions were being transferred to the Debt Recovery Tribuna

Click Here to Read the rest of this document