SPECTRUM ELECTRONICS Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This combined application under Article 227 of the Constitution, read with sections 24 and 151 of the Code of Civil Procedure, has been moved with notice to the State Bank of India and has been taken up for consideration in the presence of the learned advocates for the petitioners and the Bank.

(2.) At the very outset the question of maintainability of the application was raised on the ground that the suit pending before the Debts Recovery Tribunal, Calcutta, could not be transferred to a Civil Court, as prayed for on the petitioners' behalf.

(3.) Appearing for the petitioners, Mr. Subhro Kamal Mukherjee submitted that in 1995 the petitioner No. 1 filed a suit against Kerala State Electronic Development Corporation, the Opposite Party No. 2 herein, being Money Suit No. 113 of 1995, in the Court of the Assistant District Judge, Siliguri, for a decree for a sum of Rs. 21,34,890.20 paise, and the same is still pending adjudication.