PUNJAB AND SIND BANK Vs. RATAN STEEL COMPANY

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order dated 29-8-2005 made in lASRNo.1968 of 2005 in O.S.No.246 of 2000 on the file of the learned XII Additional Senior Civil Judge (Fast Track Court), Secunderabad.

(2.) The revision petitioners are the defendants and the respondent is the plaintiff in the suit O.S.No.246 of 2000. For the sake of convenience, the parties will be referred to as they are arrayed before the trial Court.

(3.) Suit was laid for recovery of money on the ground of deficiency of service on the part of the defendants in not releasing the letter of credit. In the said suit, the present IASR No. 1968 of 2005 under Section 31 of Recovery of Debts due to Banks and Financial Institutions Act, 1993 (for short 'the Act') was filed by the defendants, seeking to transfer the present suit i.e.O.S.No.246 of 2000 on the file of the learned XII Additional Senior Civil Judge (Fast Track Court), City Civil Court, Secunderabad to the file of Debts Recovery Tribunal, wherein the connected matter in O.A.No.989 of 1999 is pending between the parties The plaintiff resisted the said application. After a detailed consideration of the respective arguments advanced by the learned counsel on either side, the learned Additional Senior Civil Judge dismissed the said application at the stage of filing holding that the Civil Court cannot entertain any application under the provisions of the Act. Aggrieved by the said order, the present Civil Revision Petition has been filed.