SUBASH CHAND JAIN Vs. SBBJ

JUDGEMENT

(1.) This writ petition challenges the order dated 13-3-1997 passed by the Debt Recovery Tribunal, Jaipur in case No. 52/1994 by which the written statements/replies filed by the petitioners after the transfer of the suit to the Tribunal under the provisions of the Recovery of Debt Due to Banks and Financial Institutions Act, 1993 has been ordered to be returned to the petitioner on the ground that the petitioner had already filed reply in the suit prior to its transfer from the Court of District Judge to the Debt (Tribunal).

(2.) In order to test the correctness of the order impugned, a slight enumeration of the facts and circumstances of the case are as follows :-

(3.) The State Bank of Bikaner and Jaipur, impleaded as respondent herein, filed a civil suit for recovery of an amount of Rupees Twenty Eight lakhs, in the Court of Addl. District Judge, Kishagarhbas, Alwar against M/s. India Electronics Ltd. including the petitioners herein who were impleaded as defendants Nos. 2 and 4 respectively as they stood guarantors for the debtors - M/s. Indian Electronics. The defendants/ petitioners appeared before the Court of Addl. District Judge and in order to contest the suit, filed their written statements but the suit had been subsequently dismissed ex parte against some other (defendants Nos. 3 and 5 (who are not petitioners herein)) and, hence, they had filed an application for setting aside the ex parte proceedings against them. While the suit was pending, the Recovery of Debt Due to Banks and Financial Institutions Act, 1993 (shortly referred to as the Act of 1993) came into force, due to which the suit was transferred to the Debt Recovery Tribunal, which is empowered to deal with such suits for recovery either from the stage it reached before such transfer or from any earlier stage or de novo, as the Tribunal may deem fit. The relevant provision of the Act of 1993, in this regard envisages as follows :-