Divya Export Enterprises & Anr. Vs. Bank of Baroda & Anr.
EmailAppeal: Transfer Petition (Civil) No. 98 of 2000
Petitioner: Divya Export Enterprises & Anr.
Respondent: Bank of Baroda & Anr.
Apeal: Transfer Petition (Civil) No. 98 of 2000
Judges: Dr. A.S. ANAND, CJI., R.C. LAHOTI & K.G. BALAKRISHNAN, JJ.
Date of Judgment: Jul 28, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Transfer – Assets situated in Kerala – One suit by Bank at Mumbai – Application by another bank at Ernakulam on being transferred from Chennai. Held that petition at Mumbai be transferred to Ernakulam.
(Para 2)
JUDGEMENT:
ORDER
1. We have heard learned Counsel for the parties and perused the record, including the counter-affidavits.
2. Keeping in view the nature of controversy between the parties and the fact that the assets which would be the subject matter of resolution are situate within the State of Kerala, it appears expedient to us that Original Application (O.A. No. 2185/99) filed by the Bank of Tokyo-Mitsubishi, respondent no.2 against the petitioner, which is pending before the Debts Recovery Tribunal at Mumbai, be withdrawn from that Tribunal and transferred to the Debts Recovery Tribunal at Ernakulam. We are informed that the Original Application (O.A. No. K-83/99) filed by the Bank of Baroda against the petitioner, which was pending on the file of Debts Recovery Tribunal, Chennai has already been transferred by the Chennai Tribunal to the Debts Recovery Tribunal at Ernakulam.
3. We, accordingly, allow this petition and direct the Debts Recovery Tribunal, Mumbai to send the record of O.A. No. 2185/99, titled “The Bank of Tokyo-Mitsubishi Ltd. v. M/s Divya Export Enterprises & Ors.” to the Debts Recovery Tribunal at Ernakulam.
4. Parties through their learned Counsel are directed to cause their appearance before the Debts Recovery Tribunal at Ernakulam on 17th August, 2000 to receive appropriate directions. We clarify that the grant of this petition shall not be construed as an expression of any opinion on the pleas raised in the petition on merits.
5. The transfer petition is allowed in the above terms. No costs.
1. We have heard learned Counsel for the parties and perused the record, including the counter-affidavits.
2. Keeping in view the nature of controversy between the parties and the fact that the assets which would be the subject matter of resolution are situate within the State of Kerala, it appears expedient to us that Original Application (O.A. No. 2185/99) filed by the Bank of Tokyo-Mitsubishi, respondent no.2 against the petitioner, which is pending before the Debts Recovery Tribunal at Mumbai, be withdrawn from that Tribunal and transferred to the Debts Recovery Tribunal at Ernakulam. We are informed that the Original Application (O.A. No. K-83/99) filed by the Bank of Baroda against the petitioner, which was pending on the file of Debts Recovery Tribunal, Chennai has already been transferred by the Chennai Tribunal to the Debts Recovery Tribunal at Ernakulam.
3. We, accordingly, allow this petition and direct the Debts Recovery Tribunal, Mumbai to send the record of O.A. No. 2185/99, titled “The Bank of Tokyo-Mitsubishi Ltd. v. M/s Divya Export Enterprises & Ors.” to the Debts Recovery Tribunal at Ernakulam.
4. Parties through their learned Counsel are directed to cause their appearance before the Debts Recovery Tribunal at Ernakulam on 17th August, 2000 to receive appropriate directions. We clarify that the grant of this petition shall not be construed as an expression of any opinion on the pleas raised in the petition on merits.
5. The transfer petition is allowed in the above terms. No costs.
