CHHAJJU RAM Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The Punjab National Bank, Branch Office, Dasua (hereinafter referred to as the Bank) filed an application in Execution Petition No. 155 of 1994 in the Court of learned Additional Civil Judge, Senior Division, Dasua, praying that the execution application be transferred to the Debt Recovery Tribunal, Jaipur, for being tried and disposed of in accordance with law. Vide order dated 26.11.1997, the learned executing Court allowed the application and directed the execution application to be transferred to the Debt Recovery Tribunal, Jaipur. The said order has been impugned by M/s Bal-winder Rice Traders, Judgment Debtor before the executing Court (petitioner herein).

(2.) A suit for recovery of Rs.6,19,250/- was filed by the Bank in the civil court, which included the principal and interest on the date of institution of the suit. This was filed before the civil Court because the claim was less than Rs.10 lac and, therefore, under the provisions of The Recovery of Debts Due to Bankers and Financial Institutions, Act, 1993 (hereinafter referred to as the Act), the said civil court adjudicated upon the suit and passed a decree on 16.2.1994. The said decree was assailed in appeal by the present petitioners in the High Court in accordance with the provisions of the Code of Civil Procedure.

(3.) On the basis of the above undisputed facts, it is averred by the Decree Holder that at the time of filing of the execution application, the amount accumulatively due as debt was more than Rs.10 lac and, therefore, the civil court has no jurisdiction to entertain and decide the execution application. It is argued that the same should be transferred to Debt Recovery Tribunal at Jaipur. On the contrary, on behalf of the present petitioner, it was contended that no other court except the civil Court had the jurisdiction to entertain and decide the execution application. The subsequent increased liability would be no consequence to determine the jurisdiction of the competent forum.