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2000 (8) TMI 974 - SC - Companies LawTransfer of pending cases - Held that:- Appeal allowed. The aforesaid section 31A is clearly applicable in the present case. The decree was passed by a Court before the commencement of the Amendment Act and the same has not yet been executed. At least after the amendment, it is only the Tribunal which would have the jurisdiction of entertaining the application for execution of the decree inasmuch as the amount due for which the decree was sought to be executed is over ₹ 10 lakhs. We are also unable to agree with the High Court that because the original decree which was passed was for a principal sum of ₹ 6,19,250 the Tribunal would get no jurisdiction. It is to be seen that the decree was for a sum of ₹ 6,19,250 plus interest at the rate of 16½ per cent per annum from the date of filing of the suit till the recovery of money. As and when the amount due to the bank under the decree became more than ₹ 10 lakhs and an application for execution was filed, it could only be entertained by the Tribunal and not by the Civil Court. It is clear that in view of the provisions of section 34 of the Act, the provisions of Order 21, rule 10 of the Code of Civil Procedure would have no application.
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