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2014 Supreme(Ker) 786

K.T.SANKARAN
State Bank of India – Appellant
Versus
Ramakrishnan Babu – Respondent


Advocates Appeared:
For the Appellant :K.K. Chandran Pillai, Senior Advocate.
For the Respondents: P.C. Haridas.

ORDER :

K.T. Sankaran, J.

1. The question of law involved in these Revisions is whether a suit filed before the Civil Court for realisation of money by SBI Home Finance Ltd., a Company registered under the Companies Act and which is not a bank or financial institution within the purview of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, would cease to be maintainable before the Civil Court when the assets and liabilities of the plaintiff Company were transferred after the institution of the suit by registered assignment deed to the State Bank of India, which is a bank coming within the purview of the said Act? Or, whether it is necessary for the Civil Court to return the plaint holding that it has no jurisdiction to try the suit? All these Revisions arise out of similar orders passed by the I Additional Subordinate Judge, Ernakulam rejecting the applications filed by the State Bank of India to return the plaint in five different suits. Since the questions involved in all the cases are the same, the Revisions are being disposed of by this common order. The suits were filed by the SBI Home Finance Ltd., which is a Company registered under the Companies Act. SBI
























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