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2009 (7) TMI 1193 - SC - FEMA
Whether the High Court/Supreme Court has the power to transfer a suit from a Civil Court to the DRT?
Whether Article 142 is applicable to direct a transfer from a Civil Court to DRT, especially when the DRT Act does not bar the jurisdiction of the Civil Court to entertain a suit against a bank and therefore powers under Article 142 ought not to be exercised to have such an effect or Article 142 is not applicable where a statute occupies the field or Power under Article 142 should be exercised only to prevent injustice and do complete justice between the parties?
Held that:- Having regard to our finding that even Section 24 of the Code of Civil Procedure cannot be taken recourse to, there cannot be any doubt whatsoever that the Punjab and Haryana High Court could not have transferred the suit from the civil court Ludhiana to DRT. Appeal allowed.