DURGA PARSAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether the transfer of a suit from the (Civil) Court to the Debt Recovery Tribunal under Section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 would depend upon the amount sought to be recovered at the time of institution of the suit or whether the interest accruing pendentelite till the establishment of the tribunal must also be taken into account to find that the amount of debt had exceeded Rs.10 lacs to attract the jurisdiction of the tribunal and consequently to cause ouster of the jurisdiction of the civil Court ? This is the question to be answered in this writ petition.

(2.) The facts of the case are simple, brief and without controversy. In the year, 1986 the State Bank of India (respondent No. 2) filed a suit registered as Money Suit No. 70 of 1986 in the Court of Subordinate Judge I, Muzaffarpur for recovery of its loan, along with interest accused till the date of institution of the suit, from the defendants, including the present petitioner who was defendant No. 4 in the suit. In para 17 of the plaint the valuation of the suit for the purpose of jurisdiction and court fee was shown as Rs. 4,95,016.15 paise and the relief prayed for, insofar as relevant for the present, was in the following terms :

(3.) The suit that was filed in 1986 was finally allowed, on contest by judgment, dated 6-9-2000 and the court gave the bank a simple money decree in the following terms :