DIVYA EXPORT ENTERPRISES Vs. BANK OF BARODA

JUDGEMENT

(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Mitsubishi, respondent no. 2 against the petitioner, which is pending before the Debts Recovery Tribunal at Mumbai, be withdrawn from that Tribunal and transferred to the Debts Recovery Tribunal at Ernakulam.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 and Ors. " to the Debts Recovery Tribunal at Ernakulam.