REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4796 OF 2009

(Arising out of SLP (C) No.24715 of 2008)

Nahar Industrial Enterprises Ltd.

… Appellant

Versus

Hong Kong & Shanghai Banking Corporation

… Respondent

WITH

TRANSFER PETITION (C) No. 1195 OF 2008

Axis Bank Ltd.

…. Appellant

Versus

Rajshree Sugars & Chemicals Ltd.

…. Respondent

WITH

TRANSFER PETITION (C) No. 1196 OF 2008

Axis Bank Ltd.

…. Appellant

Versus

Nahar Industrial Enterprises Ltd.

…. Respondent

AND

TRANSFER PETITION (C) Nos. 1207-1209 OF 2008

Hongkong & Shanghai Banking Corporation Ltd.

…. Appellant

Versus

Nahar Industrial Enterprises Ltd. and others

…. Respondents

J U D G M E N T

S.B. Sinha, J.

Leave granted.

INTRODUCTION

Whether the High Court and/or this Court has the power to transfer a

suit pending in a Civil Court situated in one State to a Debt Recovery

Tribunal situated in another is the question involved herein.

BACKGROUND FACTS

We may notice the facts of the matter from Civil Appeal @ SLP (C)

No.24715 of 2008. It arises out of a judgment and order dated 15^th

September, 2008 passed by a learned Single Judge of the High Court of

2

Punjab and Ha