SANJIVANI AGRO INDUSTRIES Vs. BANK OF RAJASTHAN LTD
LAWS(DR)-2003-7-11
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on July 29,2003

Appellant
VERSUS
Respondents

JUDGEMENT

K.S.Kumaran, - (1.)THE 1st respondent-THE Bank of Rajasthan (hereinafter referred to as the "respondent-Bank") has filed Original Application No. 416/ 2000 before the Debts Recovery Tribunal, Jaipur (hereinafter referred to as the "DRT") against the appellants herein, who are defendants 1 to 4 before the DRT (hereinafter referred to as the "appellants/defendants").
(2.)The appellants/defendants raised a preliminary objection as to the maintainability of the O.A. before the said DRT at Jaipur on the ground that it had no territorial jurisdiction to entertain the O.A. The learned Presiding Officer of the DRT after hearing both sides passed the impugned order dated 8.8.2001 holding that the said DRT at Jaipur has jurisdiction to decide the said O.A.
Aggrieved, the appellants have preferred this appeal. The respondent-Bank did not file any reply to this appeal, but, the learned Counsel for the respondent-Bank advanced arguments opposing the appeal. I have heard Counsel for both the sides perused the records of the appeal as well as of the O.A.

(3.)THE learned Counsel for the appellants/defendants contends that the loan application was submitted at the Mumbai Branch of the respondent-Bank where the appellants/ defendants have an account. He further contends that the loan agreement and documents were executed and the money was disbursed at Mumbai. He also contends that all the appellants/defendants are residing and are carrying on business at Mumbai and that even the mortgage was created at Mumbai. THE learned Counsel for the appellants/defendants contends that even the mortgaged properties are situated within the jurisdiction of the Tribunal at Mumbai.


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