M/s. Jai Shiva Cement Pvt. Ltd. & Ors. Vs. Allahabad Bank, Garh Road, Meerut, U.P.
EmailAppeal: Transfer Petition (C) No. 10 of 2000
Petitioner: M/s. Jai Shiva Cement Pvt. Ltd. & Ors.
Respondent: Allahabad Bank, Garh Road, Meerut, U.P.
Apeal: Transfer Petition (C) No. 10 of 2000
Judges: Dr. A.S. ANAND, C.J.I., R.C. LAHOTI & S.N. VARIAVA, JJ.
Date of Judgment: Aug 05, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Transfer – Recovery suits first transfered to Debt Recovery Tribunal, Jabalpur – Notification dt. 31.3.2000 issued – Tribunal set up at Allahabad as well. Held that the matters be transferred to Allahabad.
(Para 2)
JUDGEMENT:
ORDER
1. We have heard learned Counsel for the parties. Suits for recovery of various amounts filed by the respondent-banks against the petitioners were transferred to Debts Recovery Tribunal set up at Jabalpur. We are informed that a Debts Recovery Tribunal has now been set up at Allahabad to exercise jurisdiction within the area specified in the Notification dated 31st March, 2000.
2. Learned Counsel for the parties submits that the money suits which had been transferred by the civil courts to the Debts Recovery Tribunal, Jabalpur may be withdrawn from that Tribunal and transferred for their disposal in accordance with law to the Debts Recovery Tribunal, Allahabad. We accede to the prayer and make an order accordingly. The presiding officer of Debts Recovery Tribunal, Jabalpur shall send the record of the two suits to the Debts Recovery Tribunal at Allahabad without any delay. The Tribunal at Allahabad shall continue with the trial of the
suits and dispose of the same expeditiously.
3. The transfer petitions are allowed. No costs.
1. We have heard learned Counsel for the parties. Suits for recovery of various amounts filed by the respondent-banks against the petitioners were transferred to Debts Recovery Tribunal set up at Jabalpur. We are informed that a Debts Recovery Tribunal has now been set up at Allahabad to exercise jurisdiction within the area specified in the Notification dated 31st March, 2000.
2. Learned Counsel for the parties submits that the money suits which had been transferred by the civil courts to the Debts Recovery Tribunal, Jabalpur may be withdrawn from that Tribunal and transferred for their disposal in accordance with law to the Debts Recovery Tribunal, Allahabad. We accede to the prayer and make an order accordingly. The presiding officer of Debts Recovery Tribunal, Jabalpur shall send the record of the two suits to the Debts Recovery Tribunal at Allahabad without any delay. The Tribunal at Allahabad shall continue with the trial of the
suits and dispose of the same expeditiously.
3. The transfer petitions are allowed. No costs.
