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2000 (11) TMI 1141 - SC - Companies LawWhether the order passed by the civil court dated 20-9-1994, subsequent to the passing of the Act on 24-6-1993 but before the establishment of the Tribunal on 30-11-1994 was within the jurisdiction of the civil court? Held that:- The impugned order in the present case was passed by the civil court on 20-9-1994 prior to the establishment of the Tribunal on 30-11-1994. Therefore, the learned single Judge as well as the Division Bench were wrong in thinking that the order of the Tribunal [civil court ?] was without jurisdiction. It will also be noticed that section 31 of Act deals with the transfer of pending cases. According to section 31(2)(b), the Tribunal may, on receipt of such records, proceed to deal with such suit or other proceedings, so far as may be, in the same manner as in the case of an application made under section 19 from the stage which was reached before such transfer or from any earlier stage [or de novo] as the Tribunal may deem fit. Therefore, now that the suit has been transferred to the Tribunal, it will be for the appellant to seek appropriate reliefs before the Tribunal. If the appellant wants any modification or vacation of the interim order passed by the civil court on 20-9-1994, it can move the Tribunal.
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