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1984 Supreme(Cal) 196

R.N.PYNE
Dena Bank – Appellant
Versus
Victory Engineering Works – Respondent


Advocates appeared:
B.K. Chatterjee for Dena Bank and Indian Overseas Bank
Sudipto Sarkar, P. Chowdhury for Bank of India
S.K Adhya for United Industrial Bank Ltd.
B.K Bachawat for M.G. Wire Enterprise & ors.
T.K Biswas for Kay Tea Industries Private Ltd. & ors.
A.C Bhabhra as amicus curiae

Judgment

A short but nonetheless very interesting point has arisen in the applications made under Chapter XIIIA of the Original Side Rules of the High Court in all the above suits. The question is where in a suit the plaintiff claims reliefs other then recovery of debt or liquidated demand in money or any other claims as stated in Rule 1 of Chapter XIIIA of the Original Side Rules of the High Court, is an application under Chapter XIIIA maintainable in such a case ? In other words the scope and applicability of Chapter XIIIA is the subject matter of the applications made in the above suits. In all the above suits the plaintiffs have claimed reliefs other then debt or liquidated demand in money and have also made application under chapter XIIIA of the Original Side Rules for recovery of debt and interest. The defendants in all the above suits have questioned the maintainability of the said applications. Hence in this judgment I am concerned only with the scope of and applicability of chapter XIIIA and not with the merits of the individual application.

2. As the question that has arisen for consideration in this case is important and is bound to arise frequently in various cases I appo






































































































































































































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