STATE BANK OF INDIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) WE have heard counsel for the parties and with their consent we are -disposing of this appeal at the admission stage itself.

(2.) IT is not disputed before us that a suit was filed by the State Bank of India against respondent no.3 praying for a decree for a sum of Rs. 10,82,000/ - and odd which was advanced to respondent no.3 by way of loan. The said suit was tried by Subordinate Judge II, Kishanganj being Title Mortgage Suit No. 43 of 1982 and by judgment and decree dated 18.3.1997 the said suit was dismissed. The appellant Bank preferred a writ petition before this court being CWJC No. 4888 of 1997. challenging the said decree on the ground that the court was left with no jurisdiction to pass the judgment and decree on 18.3.1997 in view of the provisions of the Recovery of Debts Due To Banks & Financial Institutions Act, 1993 (hereinafter referred to as 'the Act '). A learned Judge dismissed the writ petition holding that the appellant Bank could seek its remedy by filing an appeal challenging the judgment and decree, and therefore no relief could be granted in writ jurisdiction. The said judgment and order dismissing the writ petition has been impugned in this appeal.

(3.) THE facts not in dispute are that by notification dated 13.12.1996,(Annexure 2 to the writ petition), Shri Ram Prit Pathak, Dist. and Sessions Judge, Giridih was appointed as the Presiding Officer of the tribunal under the Act by the Central Government. By notification dated 24.1.1997 the Central Government established the Debt Recovery Tribunal at Patna having jurisdiction over the State of Bihar and Orissa, in exercise of powers conferred by Section 3 of the Act. It would, thus, appear that before the judgment was delivered on 18.3.1997 the said tribunal had been duly established, and the Presiding Officer also appointed by the Central Government. Thus the tribunal had come into existence before the judgment in the suit was delivered. The letter written by the Registrar of this court to all the Dist. & Sessions Judges of Bihar, directing them to transfer the relevant case records to the tribunal is not of much significance, though even the said letter was issued on 10.3.1997, a little before the judgment was delivered in the suit on 18.3.1997.