EXCELLENT FOUNDARY FLUXES CO Vs. SYNDICATE BANK

JUDGEMENT

(1.) This revision under Section 115, C.P.C. has been preferred against the order, dated 3.1.1998 passed by the 1st Additional Civil Judge (Senior Division), Ghaziabad in Suit No. 1031 of 1992. The facts enumerated in the revision are as follows :

(2.) In the meantime. (The) Recovery of Debts Due to Banks and Financial Institutions Act. 1993, (Act No. 51 of 1993) (hereinafter called as "Act") was enforced w.e.f. 27th August. 1993. On the enforcement of this Act. the plaintiff opposite party moved an application 96C under Section 31 of the Act to transfer the suit to the Tribunal, constituted under the Act. The learned Additional Civil Judge (Senior Division) by the impugned order has allowed the application and has ordered that the suit be transferred for disposal to the Debt Recovery Tribunal at New Delhi under Section 31 of the Act. Aggrieved by it, the present revision has been preferred.

(3.) I have heard Sri M.D. Singh 'Shekhar'. learned counsel for the revisionists and Sri D.P. Bahadur, learned counsel for the opposite-party and have perused the record.