BIJITENDRA MOHAN MITRA
HINDUSTAN LAMINATORS PVT. LTD. – Appellant
Versus
CENTRAL BANK OF INDIA – Respondent
( 1 ) THE common point of controversy which requires the considered scrutiny of this Court and the petitioners in all the pending petitions under Article 227 of the Constitution of India have joined in chorus in contending that the statutory forum created under Section 3 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (Act No. 51 of 1993) does not have the jurisdiction to entertain prayers for mortgage in a substantive petition under Section 19 of the said Act. The Debt Recovery Tribunal as 1 constituted under Section 3 of the connected Act is conferred with jurisdiction in terms of Section 19 to entertain and decide applications of the Banks and the Financial Institutions. The said Tribunal is authorised to have assumed jurisdiction from the appointed day when the connected Act has come into force with regard to initiation of any proceeding for recovery of debts due to Banks and Financial Institutions and the said proceeding is required to be initiated in terms of the provisions under Section 19 of the Act. All applications which have been filed on or after the appointed day as mentioned in the Act, the Tribunal is conferred wi
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