PUNJAB NATIONAL BANK Vs. RAJ KUMAR AGRICULTURAL ENGG
LAWS(DR)-2003-12-9
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on December 10,2003

Appellant
VERSUS
Respondents

JUDGEMENT

S.K.Mohapatra, - (1.)HEARD the parties on the question of pecuniary jurisdiction of this Tribunal and perused the records including written arguments filed by parties.
(2.)Undisputedly the applicant Punjab National Bank, Chapra had filed a Mortgage Suit No. 28 of 1985 in the Court of learned 1st Sub-Judge, Chapra, Saran on 14.2.1985. Consequent to the establishment of Debts Recovery Tribunal under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 the learned Trial Court ordered for transfer of the said suit No. 28/85 to this Tribunal and on receipt of the case record the same was renumbered as PT 31/99.
It is seen from the order of learned Trial Court dated 20.11.1998 that after hearing the parties the learned Trial Court, has allowed the Petition of Bank dated 13.7.1998 and accordingly ordered for transfer of the case to the Debts Recovery Tribunal, Patna. Defendants have not challenged the said order on the ground that the transfer of case record is illegal being transferee Tribunal has no pecuniary jurisdiction.

(3.)SECONDLY, it is seen from the relief portion of the suit that the present case has been filed for recovery of Rs. 12,29,712/- which includes interest till 31.1.1985. It is also an . undisputed fact that the applicant Bank has paid the Court fee on the said claim amount.


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