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1998 Supreme(Mad) 993

K.NATARAJAN, C.SHIVAPPA
G. V. Films Limited – Appellant
Versus
Unit Trust of India – Respondent


Appearing Advocates:K. Mani, K. Rajasekaran, P. S. Raman, Advocates.

Judgment :-

SIVAPPA, J.

The appellant herein has questioned the order dated 25th March, 1997 on Transfer Application No. 1140 of 1997 in CS No. 253 of 1993. The appellant was arrayed as defendant No. 1 in the suit. The respondent No. 1 has filed a suit for recovery of a sum of Rs. 51, 75, 155 together with interest at 24 per cent per annum. the case of respondent No. 1 is that the dividend had been paid to the appellant wrongly though the same was due to respondent No. 2 herein. The suit was transferred under section 31 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 ('the Act'), to the tribunal established under the Act the section provides for transfer of all pending cases from High Courts to the concerned tribunals. Only those cases are required to be transferred from the courts where the amount of debt due to be recovered is Rs. 10 lakh or more. All other cases involving amounts of less than Rs. 10 lakh would continue to be heard and decided by the respective courts where the suits for recovery are pending. Sub-section (1) of section 31, inter alia, states "shall stand transferred on that date to such tribunal". The transfer of pending cases is an auto































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