JUDGEMENT
Devinder Gupta -
(1.)Order Dated 3.7.2000 passed in suit No.906/96 by learned Single Judge is under challenge in this appeal by the defendant.
(2.)Initially the respondent bank filed the aforementioned suit No.906/94 in this Court claming a decree for specific performance of the agreement and for recovery of damages and also for recovery of an amount of Rs.36,20,722.92 from the petitioner.On coming into force of the Recovery of Debts Due to Banks and Financial Institutions Act, 1973 (for short "the Act") the suit stood transferred to the Debt Recovery Tribunal where it was registered as O.A.No. 913/95.
(3.)It appears that the appellants moved an application before the Debt Recovery Tribunal for transfer of the case to this Court. The application was rejected on 2.7.1996 with the observation that such an objection, if any, be raised in the written statement, Consequently, the appellants raised the objection in their reply that because of the averments made in the plaint by the Bank and the reliefs claimed therein, the Tribunal has no jurisdiction to try the petition On 18.5.1996 when the case came up before the Tribunal for consideration on the question of jurisdiction a statement was made by learned counsel for the Bank that since the prayer for specific performance and damages was but side the scope of the Tribunal's jurisdiction, the same is not being pressed and is withdrawn. It was further stated that the Bank would continue to press only for joint and several decree against the appellants for recovery of Rs.36,20,723.92 along with costs and interest. The case accordingly was adjourned. On 28.7.1998 the Tribunal again considered the preliminary objection of the appellant that the suit as framed was not maintainable before the Tribunal since decree for specific performance is sought, which does not fall within the jurisdiction of the Tribunal and passed an order. Reference was made to para 14 of the plaint by the Tribunal and it was held that the suit still was for specific performance and for damages, the Tribunal constituted under the Act has got no jurisdiction to try the suit. Accordingly, the suit was ordered to be transferred to this Court.
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