PUNJAB NATIONAL BANK DASUYA Vs. CHAJJU RAM

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant on 26th August, 1988 filed a suit for recovery of Rs. 6,19,250/- in the Civil Court. By judgment dated 16th February, 1994, the trial Court decreed the suit for the aforesaid amount with interest at the rate of 16-1/2 per cent per annum from the date of filing of the suit till the recovery of money. On 21st December, 1994, an execution application was filed by the appellant before the Court of Civil Judge, Dasuya. According to the appellant, an amount of Rs. 12,91,398/- being the principal amount of Rs. 6,19,250/- plus interest thereon as per the decree, had become due and payable and it was in respect of this amount that execution was sought.

(3.) In the meanwhile on 25th June, 1993, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "the Act") had come into force. On 30th August, 1994, a Tribunal was set up in Jaipur and it was given jurisdiction to decide claims even with regard to those arising in the State of Punjab. On 18th February, 1997, the appellant moved an application before the Civil Court, Dasuya for transfer of the execution proceedings to the Debts Recovery Tribunal, Jaipur. This application was allowed and the trial Court ordered the transfer of the execution proceedings to the Debts Recovery Tribunal, Jaipur.