RAJ CORPORATION Vs. BANK OF BARODA

JUDGEMENT

(1.) BY this petition, the petitioner M/s. Raj corporation has challenged the order passed by Debt recovery Tribunal as also the order passed by the Debt recovery Appellate Tribunal, Bombay, both rejected the application of the original Plaintiff; the present petitioner - for return of the suit for lack of jurisdiction in the Debt Recovery Tribunal.

(2.) SUIT No. 3233/96 was filed by the Respondent - Bank of Baroda on the Original Side of this court for exercise of its ordinary original civil jurisdiction. The suit was valued at Rs. 12 lacs and odd. The claim included the debts due to the bank from the petitioner on various counts.

(3.) THE original defendants - present petitioners filed an application before the DRT contending that the tribunal has no jurisdiction to try the suit, and therefore it is liable to be returned for presentation before the proper court. The main contention in this application was that the valuation of the suit as made by the plaintiff was incorrect. The suit has to be maximum for a sum of Rs. 7,92,157/ -. The Plaintiff bank has unnecessarily inflated the suit claim and therefore it could not be tried by the Tribunal as the claim of the suit is below Rs. 10 lacs.