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2009 Supreme(Del) 26

A.K.SIKRI, MANMOHAN SINGH
Kotak Mahindra Bank Limited – Appellant
Versus
Stiefel Und Schuh India Ltd. – Respondent


Advocates Appeared:
Mr. T.K. Ganju, Sr. Advocate with Mr. B.L. Wali, Advocate
Mr. Sanjoy Kr. Ghose with Ms. Rupali S. Ghosh, Advocates for the respondent No.1/OL. Mr. Deepak Dhingra with Mr. Rajesh Kumar, Advocates for the respondent Nos. 5, 7 & 8. Mr. Kewal Singh Ahuja, Advocate for the respondent No.6.

JUDGMENT

A.K. SIKRI, J.

1. Before the promulgation of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the „RDB Act?), civil remedy in the form of civil suits in the ordinary civil court was available the banks and financial institutions for recovery of the debts due to them. With the aforesaid enactment, the Parliament created special tribunal, known as Debts Recovery Tribunal (for short, „DRT?). The banks and financial institutions are now required to institute proceedings against the debtors only before these DRTs created under the RDB Act. It is because of the reason that under Section 18 of the RDB Act, jurisdiction of civil courts to entertain such proceedings has been specifically barred. Provision is also made even in respect of existing cases pending in the civil courts. As per Section 31 of the RDB Act, every suit or every proceeding pending before any court immediately before the establishment of a Tribunal under that Act was to be transferred to the Tribunal. Thus, the Parliament took care by not only creating bar on the jurisdiction of the civil court or other authority to decide such matters, it also intended tr


















































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