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2000 Supreme(Cal) 512

TARUN CHATTERJEE
VIJAYA BANK – Appellant
Versus
SULOCHANA DEVI JALAN – Respondent


S. K. MOOKHERJEE,J.

( 1 ) -THE main question that was raised by the learned counsel for the parties in this appeal was whether an application pending before the Debt Recovery Tribunal under the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "the Act") would be directed to be stayed either under the provisions of section 10 of the Code of Civil Procedure or under the inherent power of the Court under section 151 of the Code of Civil Procedure, in view of a suit pending in this Court which was filed prior to the institution of the Application under the Act. The main question that was raised by the learned counsel for the parties in this appeal was whether an application pending before the Debt Recovery Tribunal under the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "the Act") would be directed to be stayed either under the provisions of section 10 of the Code of Civil Procedure or under the inherent power of the Court under section 151 of the Code of Civil Procedure, in view of a suit pending in this Court which was filed prior to the institution of the Application under the Act.

( 2



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