BANK OF INDIA Vs. QUEST ENGINEERING PVT. LTD.

JUDGEMENT

(1.) LEARNED Counsel for the appellant Bank is heard. This is an Appeal preferred by the appellant -Bank under Section 20 of the RDDBFI Act, 1993 challenging the order passed by the Tribunal on 23rd January, 2012 in M.A. No. 44/2010. By this order, the Tribunal has rejected the application of execution filed by the appellant -Bank under Section 31A of the RDDBFI Act, 1993. The relevant facts leading to the present case are that the appellant -Bank earlier filed a Civil Suit before the Additional District Judge, Gohad, District Bhind, which was registered as Civil Suit No. 26 -A of 2000, against the respondents to recover a sum of Rs. 7,27,984/ - together with interest @ 16.50% per annum with quarterly rests plus 2%. penal interest from the date of filing of Suit till realization along with other reliefs. The said Suit was decreed by the Civil Court on 2nd August, 2003. For a period of 9 years, the appellant -Bank has not moved any application for execution of the said decree before the Civil Court, but an application for execution of such judgment and decree was moved in the year 2010 before the Tribunal, The Tribunal has rejected the said application on the ground that the appellant has not shown any reason for not proceeding with the execution of the said judgment and decree with the Civil Court, when the decree was passed for a sum of Rs. 7,27,984/ -, which was under the jurisdiction of the Civil Court.

(2.) THE Tribunal was also of the view that by virtue of Section 31A of the RDDBFI Act, 1993, it is specifically provided that where a decree or order has been passed by any Court before the commencement of RDDBFI Amendment Act, 2000 and has not yet been executed, then the decree holder may apply to the Tribunal to pass an order for recovery of the amount. The Tribunal held that since the decree was passed after commencement of the RDDBFI Act, 1993, therefore the provision as contained under Section 31A has no application in the present case. Before adverting to the same, it would be appropriate to mention here that Section 31A of the RDDBFI Act, 1993 was inserted by amending the Act 1 of 2000 and was brought into force w.e.f. 17th January, 2000.

(3.) IN the present case, admittedly, the decree was passed on 2nd August, 2003 i.e. after when Section 31A was already brought into the statute book by amending the RDDBFI Act 1993 and the said section was brought into force w.e.f. 17th January, 2000. Under these circumstances, the provision as contained under Section 31A would have no application because in the present case, the Civil Court passed the decree after when Section 31A was already in vogue i.e. on 17th January, 2000, Section 31A of the RDDBFI Act, 1993 does not deal with the situation that decree passed by the Civil Court even after insertion of Section 31A can also he executed by DRT. Such eventuality is absent from Section 31A of the RDDBFI Act, 1993. The decree if any passed by the Civil Court prior to insertion of Section 31A w.e.f. 17th January, 2000, then such decree can always be executed by the Tribunal subject to the condition that the amount of decree is Rs. 10.00 lacs and above, but in the present case as it is held earlier that the decree itself was passed after insertion of Section 31A, which was brought into force w.e.f. 17th January, 2000, then such decree cannot be executed by the Tribunal under Section 31A of the RDDBFI Act, 1993.