ARUN KUMAR CHAMARIA Vs. CORPORATION BANK

JUDGEMENT

(1.) The Court-This is an application in substance for transfer of the aforesaid suit filed by the plaintiff on the ground that this Court has no jurisdiction in view of amendment of the Recovery of Debts Due to Banks and Financial Institutions Act, (hereinafter described as the said Act) whereby counter claim of the debtor (plaintiff herein) is exclusively triable by the Tribunal formed under the aforesaid Act as by virtue of section 31 of the said Act, this counter claim in guise of suit stands transferred.

(2.) Mr. Hirak Mitra, learned senior advocate appearing with Mr. Somen Sen learned Advocate submits that in view of the aforesaid amendment Act this Court has no jurisdiction to entertain and determine this suit. The subject matter of this suit is nothing but a counter claim which is covered by the said Act by reason of amendment, therefore, this suit which is pending in this Court stands transferred by virtue of section 31 of the said Act.

(3.) His further contention is that by the aforesaid amendment Act the definition of 'debt' has been amended exhaustively to cover all points which might be raised by the debtor as and by way of defence in relation to debt recoverable by the Bank. Sections 17, 18 and 31 of the aforesaid Act if read altogether, make it clear that this Court has no jurisdiction any longer to entertain this suit as it is a counter claim in substance. The bank has already initiated proceedings before the tribunal and the same is pending. The basis of the claim of this suit is inextricably connected with or related to the claim and contention of the defendant bank if the plaint filed herein and the application filed in the recovery proceedings are read juxtaposition.