DISCOUNT BANK OF INDIA LTD Vs. TRILOKI NATH

JUDGEMENT

(1.) THIS is a rule directed against an order passed by Mr. Chetan Das Jain, Subordinate Judge 1st class, Delhi, dated 19-2-1952 rejecting an application made by the plaintiff for ordering the transfer of the case to the Bombay High Court under Section 11, Banking Companies (Amendment) Act, Act 20 of 1950.

(2.) THE Discount Bank of India, Limited, Delhi, which is now in liquidation, brought a suit for the recovery of Rs. 1,93,197/7/- against Tirloki Nath and three others. Only defendant 2, Summat parshad Jain, entered appearance and defended the suit. This suit was brought on 16-4-1947. On 26-6-1951 the plaintiff Bank went into liquidation by an order of the Bombay High Court. From 11-5-1949 the suit was stayed because of an order passed by the Punjab High Court at Simla on an application made in revision. This revision petition was decided on 12-7-1951 and the case was to be heard in the trial Court on 19-11-1951 and was finally fixed for 17-12-1951.

(3.) ON 17-12-1951 two applications were made on behalf of the plaintiff Bank, one under O. 22, civil P. C. , for permission to allow the Official Liquidator to represent the plaintiff Bank and the other under Section 45b, Banking Companies (Amendment) Act, to transfer the case to the bombay High Court. The application for transfer was dismissed on 19-12-1951. It has not been stated before mo on what grounds this application was dismissed.