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K.S.KUMARAN
Bank of Rajasthan Ltd. – Appellant
Versus
Govinda Pathara Rolling Mills Pvt. Ltd. – Respondent


Order

1. Appellant-Bank of Rajasthan filed O.A. No. 408/2000 before Debts Recovery Tribunal (hereinafter referred to as `the DRT'), Jaipur, for the recovery of money against defendants 1 to 4 therein. The 5th defendant is another Bank and is stated to have a charge over the property mentioned in Schedule `A' to the Original Application (hereinafter referred to as `the O.A.'). The defendants 1 to 3 filed a written statement, alleging, among other things, that no cause of action arose within the jurisdiction of DRT. Jaipur and, therefore, the appellant-Bank cannot maintain the proceedings before the said DRT. They had also moved an application challenging the jurisdiction of the DRT. Therefore, Presiding Officer, DRT, Jaipur, considered the question of territorial jurisdiction and decided by the order dated 5.7.2001 that except the sanction, entire transaction took place at Chennai and, therefore, the DRT had no jurisdiction to decide the O.A. He, therefore, directed the O.A. to be returned to the appellant-Bank for presentation before proper Forum. It is against this order dated 5.7.2001, that the appellant has preferred this appeal.

2. The respondents 1 to 4 have not chosen to cont


























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