BANK OF INDIA Vs. VIJAY RAMNIKLAL KAPADIA

JUDGEMENT

(1.) . This Appeal from Order under Order 43, Rule (1)(a) of the Civil Procedure Code is filed by the appellant-Bank of India challenging the order passed below application, Ex. 12, in Special Civil Suit No. 242 of 1995 by the learned 3rd Joint Civil Judge (S.D.), Surat dated 8-1-1996 directing the appellant-bank to take the plaint to submit to the Debt Recovery Tribunal on or before 19-1-1996.

(2.) . The appellant instituted the said suit for recovery of Rs. 13,86,000.00 from the respondents (original defendants). It is alleged that respondent No. 1, who was the employee in the main branch of the appellant-bank, committed fraud, in concert with respondent Nos. 2 and 3 (original defendant Nos. 2 and 3), which resulted in the aforesaid loss. The suit was, therefore, filed to recover the ill-gotten gains from the respondents, together with running interest and costs of the suit.

(3.) . It appears that the suit was transferred to the Debt Recovery Tribunal at Ahmedabad purportedly under Sec. 31(2) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "the said Act"). It further appears that the Tribunal in turn returned the plaint to the Court of Civil Judge (S.D.), Surat, inter alia, observing that the plaint of the suit seeking recovery of the debt could not be accepted by any Civil Court. When the plaint was returned to the Civil Court at Surat, it appears that the appellant submitted an application, Ex. 12, contending, inter alia, that the suit is to be entertained by the Civil Court and not by the Debt Recovery Tribunal as the amount sought to be recovered is not "debt" as defined in Sec. 2(g) of the said Act. The said application, Ex. 12, was rejected by the learned trial Judge against which the present appeal is filed.