BANK OF INDIA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The Civil Revision Petition is filed against the proceedings returning the plaint directing the petitioner-plaintiff to present the same before the Debt Recovery Tribunal constituted under the Recovery Debts Due to Banks and Financial Institutions Act, 1993 (for short 'the Act'). Originally, the suit was filed on 20-9-1994 and the S.R. Number given was 9244/94. It was returned on 21-11-1994 with some objections. The plaint was represented on 24-11-1994. Thereafter, the plaint was again again returned on 3-2-1995 directing the plaintiff to file the suit before the Debt Recovery Tribunal. Again the petitioner-plaintiff represented the plaint stating that the Civil Court has got jurisdiction to try the suit since the plaint was filed before the Court on 20-9-1994. Again the suit (Plaint) was returned on 24-2-1995 stating that the suit is not maintainable before the Civil Court in view of the Circular instructions issued by the Registry of this High Court; against which the present revision is filed.

(2.) Admittedly, the suit was presented before the Lower Court on 20-9-1994. The Tribunal under the Act was constituted on 30-11-1994 with the following Notification dated: 29-11-1994 of the Union of India. "In exercise of the powers conferred by Section 3 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, (51 of 1993), the Central Government hereby establishes the Debts Recovery Tribunal at the place mentioned in column (2) of the Table below, to exercise jurisdiction within the areas specified in the corresponding entry in column(3) of the said Table. <FRM>JUDGEMENT_58_ALD2_1995Html1.htm</FRM>

(3.) From the said Notification, it is clear that the Tribunal was constituted and established only on 30-11-1994, and as on the date on which the suit was filed, viz., 20-9-1994, there was no Tribunal constituted under the Act. Therefore, the filing of the suit is in accordance with law. Since the Tribunal was constituted only on November30, 1994, the Lower Court ought to have number the suit. Therefore, the order of the learned Principal Subordinate Judge, Ranga Reddy District at Saroornagar, directing the return of plaint is set aside and the learned Principal Subordinate Judge is directed to numbered the suit, if it is otherwise in order.