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1996 Supreme(Del) 522

MANMOHAN SARIN
STATE BANK OF INDIA – Appellant
Versus
VIJAY KUMAR TAYAL – Respondent


Manmohan Sarin, J.

( 1 ). By this common order, I would be deciding the question of transfer of suits instituted by Banks and Financial Institutions to the Debt Recovery Tribunal, constituted under "the Recovery of Debts due to Banks and Financial Institutions Act, 1993" hereinafter referred to as the Act.

( 2 ). By virtue of Section 17 of the Act, the Debt Recovery Tribunal has been conferred the jurisdiction to try and entertain an application for Recovery of Debts due to Banks and Financial Institutions. An appellate Tribunal has also been constituted to entertain appeals from orders of the Debt Recovery Tribunal. The jurisdiction of the Civil Courts has been excluded in relation to matters falling within jurisdiction of the Tribunal except under Articles 226 and 227 of the Constitution of India. Reference may usefully bemade to Section 31, which deals with transfer of pending cases. Section 31 of the Act is as under:-

TRANSFER of pending cases.- (1) Every suit or other proceeding pending before any court immediately before the date of establishment of a Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if

















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