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1997 Supreme(Del) 487

COFEX EXPORTS LIMITED – Appellant
Versus
CANARA BANK – Respondent


Advocates Appeared:
A.S.CHANDHIOK, Atul Kumar Sinha, H.C.DHAL, I.S.MATHUR, J.N.AGARWAL, R.VASUDEVAN, SANJiV KALRA

R. C. Lahoti, J.

( 1 ) THIS order shall govern the disposal of FAO (OS) 266/95 and FAO (OS) 314 to 319 OF 1996. These appeals raise issues of frequent occurrence touching the entertainablity of cross- suits, counter claims and claims of set-off before Debt Recovery Tribunal, and impact of their existence in written statement on the jurisdictional competence of the civil court qua the jurisdiction of Debt Recovery Tribunal over such cases which are associated with cross suits, cross claims and claims for set-off, filed or preferred reciprocally. Let us lay the factual matrix so as to seat the legal questions proping up for decision. Cofex Export vs. Canara Bank and Ors. arises out of civil suit No. 3193/92 filed by Canara Bank against the appellant and two others for recovery of Rs. 25,21,556. 98. The Suit was filed on 24. 8. 92. The transactions entered into between the parties are banking and loan facilities, packaging credit facility and loan on pledge and hypothecation. In the written statement filed on 22. 11. 94, the defendants 1 and 2 have preferred counter-claim, wherein the pleas raised are that the plaintiff bank has charged excessive rate of interest in breach of agreemen



















































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