VIJAYALAKSHMI DEPARTMENTAL STORES Vs. STATE BANK OF MYSORE

JUDGEMENT

(1.) This revision petition is filed under Article 227 of the Constitution of India aggrieved by an order dated 21-1-2002 made in I.A.No.739 of 1999 in O.S.No.125 of 1995 on the file of the Principal Senior Civil Judge, Tirupathi.

(2.) The petitioners are the respondents in the above mentioned LA and defendants in the above mentioned suit. The I.A was filed by the 1st respondent herein under Order 34 Rule 5 and Section 151 C.P.C. praying for a final decree in terms of a preliminary decree passed in the above mentioned suit. By the impugned order, the said LA was allowed. The further details may not necessary for the present purpose.

(3.) The case of the petitioners is that the suit itself was filed for recovery of an amount of Rs.9,95,337.00 with subsequent interest. The amount of interest accrued on the amount claimed by the 1st respondent from the date of the suit when added to the suit claim would exceed the limit of Rs.10,00,000/- prescribed in the notification issued under Section 1(4) of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (for short 'the Act') and therefore by virtue of the operation of Sections 17 and 31 of the Act, the learned Senior Civil Judge, Tirupathi did not have the jurisdiction to pass a final decree in the matter and hence the impugned order is a void order.