BANK OF BARODA Vs. MARS OVERSEAS TEXTILES

JUDGEMENT

(1.) The present Civil Revision Petition is directed against the order of the learned Additional District and Sessions Judge (Fast Track Court No. III), Madurai dated 26.9.2005 made in I.A. No. 12 of 2005 in O.S. No. 128 of 2004.

(2.) The respondent herein filed the suit against the petitioner and one Ram Anand in O.S. No. 128 of 2004 on the of the Additional District and Sessions Judge (Fast Track Court No. III), Madurai for recovery of amounts, for directing the petitioner herein to pay amount towards damages, and for costs. In the said suit, the petitioner being the first defendant has filed an application in I.A. No. 12 of 2005 praying for a direction to return the plaint in O.S. No. 128 of 2004. The respondent herein for presenting it to the Debt Recovery Tribunal, Coimbatore. The said application has been dismissed by the Court below and the present revision is directed against the said order.

(3.) In the affidavit filed in support of the said application, the petitioner has averred that there is already a claim pending before the Debt Recovery Tribunal, Coimbatore and hence, the suit that has been filed by the respondent herein can be tried by the Debt Recovery Tribunal, Coimbatore. Further, it has been averred that the Debt Recovery Tribunal alone has got jurisdiction to try the suit and the Civil Court has no jurisdiction to try the suit. The said application has been resisted by the respondent herein stating that the said claim is made not only against the petitioner-bank, but also against a third party and therefore, the third party claim cannot be adjudicated by the Debt Recovery Tribunal. Hence, it has been prayed in the counter that the petition tiled by the petitioner herein may be dismissed.