REGENT COMPUTRONICS PVT. LTD.

DENA BANK Appellant

V/S

Victory Engineering Works And Ors. Respondents

Referred Judgements :-

RVLEY V. MASTER [REFERRED TO]
WILKS V. WOOD [REFERRED TO]
WALLERSTEINER V. MOIR [REFERRED TO]
E.I. RAILWAY,CALCUTTA V. JOTHRAM CHANDRABHAN [REFERRED TO]
GAYA PRASAD V. KALAK NATH [REFERRED TO]
MADHO SINGH V. JAMED SKINNER [REFERRED TO]
PROFULLA KUMAR BASU V. GOPEE BALLABH SEN [REFERRED TO]
LALAN PRASAD V. RAMAN ALI [REFERRED TO]
GOPAL SINGH HIRA SINGH V. PUNJAB NATIONAL BANK [REFERRED TO]
GRINDLAYS BANK LTD. V. CRESSWELL BREWERIES LTD. [REFERRED TO]
J K COTTON SPINNING AND WEAVING VS. STATE OF UTTAR PRADESH [REFERRED TO]
GHANSHYAMDAS VS. REGIONAL ASSISTANT COMMISSIONER OF SALES TAX NAGPUR [REFERRED TO]
BANK OF BIHAR LIMITED VS. DAMODAR PRASAD [REFERRED TO]
SIDRAMAPPA VS. RAJASHETTY [REFERRED TO]
UNION OF INDIA VS. RAMAN IRON FOUNDRY:AIR FOAM INDUSTRIES PRIVATE LIMITED [REFERRED TO]
BABAJI KONDAJI GARAD BABASAHEB RAJARAMJI DAMPURIKAR VS. NASIK MERCHANTS CO OPERATIVE BANK LTD [REFERRED TO]
RAM VARMA VS. STATE [REFERRED TO]
HARIDAS MUNDRA VS. NATIONAL AND GRINDLAYS BANK LTD [REFERRED TO]
KALIDAS PAL VS. SRIPATI M ROYCHOWDHURY [REFERRED TO]
RADHA KISSEN GOENKA VS. THAKURSIDAS KHEMKA [REFERRED TO]
CO-OPERATIVE HINDUSTHAN BANK LTD VS. SURENDRA NATH DEY [REFERRED TO]
OFFICIAL ASSIGNEE OF BOMBAY VS. CHIMNIRAM MOTILAL [REFERRED TO]

JUDGEMENT

(1.) A short but nonetheless very interesting point has arisen in the applications made under Chapter XIIIA of the Original Side Rules of tic High Court in all the above suits. The question is where in a suit the plaintiff claims reliefs other than recovery of debt or liquidated demand in money or any other claims as stated in Rule 1 of Chapter XIIIA of the Original Side Rules of the High Court, is an application under Chapter XIIIA maintainable in such a case In other words the scope and applicability of chapter XIIIA is the subject matter of the applications made in the above suits. In all the above suits the plaintiffs have claimed reliefs other than debt or liquidated demand in money and have also made application under chapter XIIIA of the Original Side Rules for recovery of debt and interest he defendants in all the above suits have questioned the maintainability of the said applications. Hence in this judgment. I am concerned only with the scope of and applicability of chapter XIIIA and not with the merits of the individual application.

(2.) As the question that has arisen for consideration in this case is important and is bound to arise frequently in various cases I appointed Mr. A C. Bhabhra, Bar-at-aw as amicus curiae to assist me in this case. Mr. Bhabhra in his usual fairness has assisted me in this case and made submissions on the point in issue in the above applications.

(3.) As the question that has arisen in the applications made in the above suits is same in all the applications this judgment is applicable to all the implications.

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DENA BANK Vs. VICTORY ENGINEERING WORKS AND ORS.

Referred Judgements :-

JUDGEMENT

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