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DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI
M.B. VISHWANATH, CHAIRPERSON
M.A. 30 of 2001
Decided on 6.8.2001
CHOKHANI INTERNATIONAL LTD. AND ANR.
versus
INDUSTRIAL DEVELOPMENT BANK OF INDIA AND OTHERS
Counsel for the Parties:
For the Appellants :M/s. Sampath Kumar, Advocate. For the Respondents: None.
Jurisdiction of the Appellate Tribunal to transfer cases between Debt Recovery Tribunals (DRTs)
Headnote:
Transfer of O.A. 125/1999 - Jurisdiction of Appellate Tribunal - The Appellate Tribunal dismissed the application filed by the defendants 1 and 2 seeking the transfer of O.A. 125/1999 from DRT-I, Chennai to DRT, Mumbai for being heard and disposed of along with O.A. 1945/1999 pending on the file of DRT, Mumbai, citing lack of jurisdiction to hear matters decided by DRT, Mumbai.
Fact of the Case:
The defendants 1 and 2 filed an application seeking the transfer of O.A. 125/1999 from DRT-I, Chennai to DRT, Mumbai to be tried along with O.A. 1945/1999 pending on the file of DRT, Mumbai.
Finding of the Court:
The Appellate Tribunal found that it lacked jurisdiction to hear matters decided by DRT, Mumbai and therefore dismissed the application filed by the defendants 1 and 2.
Issues: Jurisdiction of Appellate Tribunal to transfer cases between DRTs
Ratio Decidendi: The Appellate Tribunal has no jurisdiction to hear matters decided by DRT, Mumbai and therefore cannot transfer cases between DRTs.
Final Decision: The application filed by the defendants 1 and 2 seeking the transfer of O.A. 125/1999 from DRT-I, Chennai to DRT, Mumbai was dismissed by the Appellate Tribunal.
M.B. Vishwanath, Chairperson. - This miscellaneous application has been filed by the petitioners (defendants 1 and 2) against the respondents R-l to R-3 (Financial Institutions).
2. In the Petition the Petitioner defendants 1 and 2 prayed this Appellate Tribunal should direct the transfer of O.A. 125/1999 pending on the file of Debts Recovery Tribunal-I (DRT-I), Chennai to DRT, Mumbai for being heard and disposed of along with O.A. 1945/1999 pending on the file of DRT, Mumbai.
3. O.A. 125/1999 pending on the file of DRT-I, Chennai has been filed by IDBI and IFCI (present respondents R-l and 2) against the appellants Chokhani International Ltd., for recovery of Rs. 52,64,31,000/- (Rupees fifty-two crores sixty-four lakhs thirty- one thousand only). Respondent No. 3 (ICICI Ltd. in this application) is the 3rd defendant in the O.A.
4. I repeat that the O.A filed against petitioners involves Rs. 52 crores odd!
5. I will refer to the prayer of the petitioner defendants 1 and 2 again. The petitioners have prayed that this O.A. 125/1999 pending on the file of DRT-I, Chennai, should be transferred to DRT, Mumbai to be tried along with O.A. 1945/99 pending on the file of DRT, Mumbai. O.A. 125/99 had been filed for recovery of Rs. 52 crores odd.
6. It is not necessary to go deep into the matter.
7. DRT, Mumbai, is not subordinate to this Appellate Tribunal. This Appellate Tribunal has no jurisdiction to hear the matters decided by DRT, Mumbai. How on earth is it possible for this Tribunal to transfer O.A. 125/99 pending on the file of DRT-I, Chennai to DRT, Mumbai?
8. For the aforesaid reasons, I am of opinion, the petition filed by defendants 1 and 2 is not at all maintainable. Accordingly it is dismissed. No costs.
Appeal dismissed.
