- (1.) Special leave granted.
(2.) The suit by the respondent Bank is of the year 1984. It was filed in the Court of the 1st Assistant District Judge and was transferred to the Original Side of the High Court in 1987 under Section 24 of the Code of Civil Procedure.
(3.) In a recent judgment in Allahabad Bank. v. Canara Bank and Anr. [jt 2000 (4) SC 411] (at pages 426, 427) this Court has observed that all suits from civil courts shall stand transferred to the Debts Recovery Tribunal constituted under the Recovery of Debts due to Banks and Financial Institutions Act, 1993. This transfer under Section 31 of the Act is automatic, and the Registrar of the High Court, where the suit is pending , is only to perform the ministerial act of transferring the papers to the Tribunal. But unfortunately, the learned Single Judge of the Calcutta High Court, Amitav Lala, J. held that this suit was transferred to the High Court earlier on the Judicial Side, under Section 24 of the Code of Civil Procedure and the Registrar could not have therefore directed the file to be sent to the Tribunal. This view was reversed by the Division Bench which held that the transfer was automatic.;