SYNDICATE BANK Vs. CHAMUNDI INDUSTRIES

JUDGEMENT

(1.) THIS writ petition is by the Bank challenging the order passed by the Debts Recovery Tribunal, Bangalore, dismissing the application for recovery of money from defendants 1 to 3 filed by the Bank holding it is not maintainable on the ground that the application is hit by Rule 10 of the Debts Recovery Tribunal (Procedure) Rules, 1993 (hereinafter referred to as 'the Rules' ).

(2.) THE petitioner Bank filed an application under Sec. 17 of the Recoveries of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act') for recovery of a sum of Rs. 12,90,934/- with cost, current and future interest. The respondents who are defendants before the Debts Recovery Tribunal (hereinafter referred to as 'the Tribunal') have not disputed or denied the transaction entered into between the Bank and respondents 1 to 3. Respondent 3 in the statement of objections filed before the Tribunal has stated that the Bank has unjustly combined the two distinct causes of action on two distinct loans in an effort to bring their total to an amount exceeding Rs. 10,00,000/- with a view to avoid recourse to the normal Courts of law and to unjustly avail the summary procedure prescribed under the Act and therefore the application filed by the petitioner is liable to be rejected for want of jurisdiction of the Tribunal.

(3.) RESPONDENT 2 in his statement of objections has not raised the abovesaid contentions.