NAVSARI YARN TRISTERS Vs. BANK OF BARODA

JUDGEMENT

(1.) Petitioner has challenged the order passed by the learned Civil Judge (S.D.) at Navsari below application Ex. 8 in Special Execution Petition No. 21 of 1985.

(2.) The petitioner filed an application under Section 47 read with Section 151 of the Civil Procedure Code before the Trial Court in the aforesaid Special Execution Petition. The petitioner contended in the said application that the decree dated 29-9-1984 passed in Special Civil Suit No. 21 of 1983 was without jurisdiction and therefore a nullity and the execution proceedings with regard to the said decree should be quashed in view of the provisions of the Gujarat Public Monies (Recovery of Dues) Act 1979 After hearing both the parties the Trial Court was pleased to dismiss the application and hence this revision.

(3.) This Court had admitted this revision application in view of the decision rendered on 9 by this Court (Coram: N. H. Bhatt J.) in Special Civil Application No. 1702 of 1984. It was held in the said decision that in view of sub-section (4) of Section 3 of the said Act no suit for the recovery of any such banks dues shall lie in Civil Court against any person referred to in sub-section (i). In M/s. Rasiklal Fulchand v. Central Bank of India 28 (1) G.L.R. 291 Division Bench of this Court did not uphold the view taken in the aforesaid Special Civil Application. It was held that the jurisdiction of the Civil Court is not ousted in cases of commercial dues of the bank. It may also be mentioned that in Vijaya Bank v. Kishore Chandra Chandulal Patel 28 (2) G.L.R. 1324 decided by the Supreme Court on 6-5-1986 the view taken by this Court in Special Civil Application No. 1720 of 1984 was reversed. It was held by the Supreme Court that loans advances grants credits etc. given by way of financial assistance by the bank are saved and the jurisdiction of the court is not ousted under the provisions of Section 3 (4) of the Act.