TMI Blog2002 (8) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. Further section 31 of the Act provides for transfer of cases from civil courts to the Tribunal. In this background, we do not think that it is expedient for the ends of justice to direct transfer of this case to the High Court. - TRANSFER PETITION (CIVIL) NO. 193 OF 1997 - - - Dated:- 5-8-2002 - S. RAJENDRA BABU AND P. VENKATARAMA REDDI, JJ. P. Chidambaram, Bhargava V. Desai, Sanjeev Kumar Singh and Vanita Mehta for the Appellant. Kamini Jaiswal, Y.P. Narula, Shomila Bakshi and Aishwariya Rao for the Respondent. JUDGMENT Rajendra Babu, J. - This is a petition filed for transfer of Original Application No. 846 of 1996 pending before the Debts Recovery Tribunal to the High Court of Delhi. 2. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed by the respondent-bank against the petitioners on 9-7-1980; that leave to defend having been refused, a decree was passed; that an appeal was filed against the order refusing to grant leave. In the meanwhile, the recovery of debts due to Banks and Financial Institutions Act, 1993 ( the Act ) came into force which established a Tribunal thereunder to exercise the jurisdiction, power and authority under the Act in respect of cases filed by the banks and financial institutions. Thus, the aforesaid suit also stood transferred to the Tribunal. It is claimed that there are several cases of similar nature pending before the High Court wherein on account of sinking of the ships importers lodged claims with the insurance companies, while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chase price; that there should, however, be strict compliance both by the customer at whose instance letter of credit was issued and by the banker, with his instructions; that in a claim on letter of credit defence of fraud or apprehension of irretrievable injustice or non-compliance with instructions could also be raised. All such defences could be urged or agitated before the Tribunal by the petitioner and on a decision by it, an appeal also could be filed. 5. A suit based on insurance claim and a claim based on letter of credit arise out of different causes of action though it may be true that in the case pending before the High Court against insurance company and in the application before the Tribunal certain common issues may arise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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