9911796707
TMI Blog2002 (9) TMI 772X X X X Extracts X X X X X X X X Extracts X X X X ..... ereon and also in respect of term loan outstanding, bills purchase outstanding, advance bills purchase account outstanding etc., and the said suit was filed in the month of August, 1987. 3. The defendants have filed the written statement in the month of March, 1988. During the pendency of the suit before this Court, "Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993)" was enacted by the Parliament and as per Section 1(3) of the said Act, it shall be deemed to have come into force on the 24th day of June, 1993. 4. As per section 31 of the Act, "Every suit or other proceeding pending before any Court immediately before the date of establishment of a Tribunal under this Act, being a suit or proceedings the caus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that the suit and the counter claim have to be tried and dealt with appropriately. But the Tribunal directed the applicant to obtain appropriate order from the High Court regarding the jurisdiction of the Tribunal to entertain the counter claim; that in the meanwhile, the plaintiff filed proof affidavit and the matter was likely to be taken up for final disposal and in the said circumstances, the defendants have filed the said application stating that all the pleas raised by the defendants in the written statement have got to be heard and decided together and the Tribunal cannot consider the claim of the plaintiff Bank alone and bifurcate the counter made by the defendants to be adjudicated in a different Court. 7. The plaintiff has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court should be considered along with the suit and if that be so, it would lead to an anomalous situation which would not only prejudice the case of the defendants, but the defendants also would be driven to the necessity of taking the trial before the Debts Recovery Tribunal, as per the claim of the Banks are concerned and would be driven to the necessity to put forward or proving the counter claim before some other forum and that cannot be countenanced and that it be so, the defendants right to put forward the defence will be jeopardised. That apart, it is stated that the defendants are relying upon the documents which were common in support of the defence raised by them and also in respect of the counter claim made by them and if the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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