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1996 Supreme(Cal) 391

TARUN CHATTERJEE
Pratap Ch. Dey – Appellant
Versus
Allahabad Bank – Respondent


Advocates Appeared:
S. P. Roychodhury, for Petitioners; Hirak Mitra, for Respondents.

Judgement

ORDER :- As a common question of law arose in these applications under Article 227 of the Constitution, I decided to take up the hearing of these applications analogously and these applications are now being disposed of by this common judgment.

2. The question of law that needs to be decided in these applications under Article 227 of the Constitution is formulated below :

Whether the Tribunal constituted under the Debts (Due to Bank and Financial Institutions) Act, 1993 (hereinafter referred to as the said Act of 1993) shall decide an issue of jurisdiction as a preliminary issue of law by exercising power conferred on the Civil Courts under Order 14, Rule 2 of the Code of Civil Procedure first before deciding the other issues or it shall decide such issue along with other issues at the time of final disposal of the proceedings.

3. For the purpose of deciding the foresaid question, the facts which would be relevant for coming to a proper decision are enumerated below :--

By the introduction of the said Act of 1993 some of the suits which were filed in the civil Court or in the original side of this Court were transferred to the tribunal commonly known as debt recovery tribuna



































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