BANK OF INDIA Vs. BARODA CABLES PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is filed against an order passed by the learned single Judge on 27/02/1997 in Special Civil Application No. 8588 of 1996.

(2.) Few relevant facts for deciding this Letters Patent Appeal may now be stated : 2.1 The appellant is Bank of India ("Bank" for short). It filed Special Civil Suit No. 89 of 1985 in the Court of Civil Judge (S.D.), Godhra for recovery of amount of Rs. 82,18,857.02 ps. with interest and costs. It was against the respondent Nos. 1 to 3. During pendency of the suit, it appears that some arrangement was arrived at between the debtors, i.e., respondent Nos. 1 to 3 and Sunglow Metals Private Limited, Respondent No. 5 herein, pursuant to which an application was made by the said Sunglow Metals Private Limited before the learned Civil Judge to be joined as party to the suit. Likewise, the respondent No. 1 also made an application under Order 23 Rule 3 of the Code of Civil Procedure, 1908 stating therein that a settlement between defendant Nos. 1 to 3 and Sunglow Metals Private Limited which was accepted by the Bank. On the basis of the said compromise and settlement, a decree was to be passed. In the meanwhile, however, during the pendency of the suit, Debt Recovery Tribunal for the State of Gujarat, Union Territories of Dadra & Nagar Haveli, Daman and Diu came to be established at Ahmedabad in December, 1994. The appellant-Bank, therefore, filed an application on 22/03/1995 for transferring the case to the Debt Recovery Tribunal. By an order dated 18/04/1995 the Civil Judge (S.D.), Godhra transferred the suit to Debt Recovery Tribunal and all the records and proceedings were forwarded to the said Tribunal in accordance with the provisions of Sec. 31 of Recovery of Debts due to Banks & Financial Institutions Act, 1993 (hereinafter referred to as "the Act"). When the records and proceedings were received by Debt Recovery Tribunal, two applications were filed before the Tribunal being Ex. R. 405 and Ex. R. 407 requesting the Tribunal to re-transfer the matter to the Court of learned Civil Judge (S.D.), Godhra as the Tribunal had no jurisdiction to entertain the case and the matter can only be decided by a civil Court. Both these applications were rejected by the Tribunal and review applications also met with the same fate. Since the applications were' disposed of and no relief was granted to the respondents, the above petition was filed by Baroda Cables Private Limited, being Special Civil Application No. 8588 of 1996. When the matter was placed for admission before the learned single Judge, on 6/11/1996 the following order was passed :-

(3.) Pursuant to notices issued by the Court, parties appeared, hearing took place and by the impugned order dated 27/02/1997, the learned single Judge confirmed ad interim relief granted earlier and it was ordered to be continued till disposal of the petition. That order was passed on 27/02/1997. It is against that order the present Letters Patent Appeal is filed.