UNITED COMMERCIAL BANK Vs. DEV RAJ

JUDGEMENT

(1.) THIS order shall dispose of the preliminary objection raised by the judgment debtors that this court has no jurisdiction to entertain this execution petition.

(2.) THE facts relevant for the purpose of disposal of the aforesaid question are that vide judgment dated October 24, 1991, this court passed a decree for Rs. 3,01,313.15 in favour of the decree holder and against the judgment debtors and now a sum of Rs. 13,16,388.53 has become recoverable on the basis of the said decree, hence this execution petition by the decree holder in which the aforesaid question has been raised for the judgment debtors.

(3.) LEARNED counsel for the judgment debtors contended that the decree being in favour of a bank in a loan transaction, the present petition ought to have been presented before the concerned Debt Recovery Tribunal (hereafter referred to as "the DRT") and this court has no jurisdiction to entertain it.