NAHAR INDUSTRIAL ENTERPRISES LTD Vs. HONG KONG AND SHANGHAI BANKING CORPORATION

LAWS(SC)-2009-7-160

SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)

Decided on July 29,2009

NAHAR INDUSTRIAL ENTERPRISES LTD Appellant

VERSUS

HONG KONG AND SHANGHAI BANKING CORPORATION Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) INTRODUCTION Whether the High Court and/or this Court has the power to transfer a suit pending in a Civil Court situated in one State to a Debt Recovery Tribunal situated in another is the question involved herein.
(3.) BACKGROUND FACTS We may notice the facts of the matter from Civil Appeal @ SLP (C) No.24715 of 2008. It arises out of a judgment and order dated 15th September, 2008 passed by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in Transfer Application No.186 of 2008 whereby and whereunder the suit filed by the appellant and pending before the Civil Judge (Junior Division), Ludhiana was transferred to the Debt Recovery Tribunal-III at Mumbai. Some of the parties to the lis before us are the banks or financial institutions within the purview of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (1993 Act). The others are debtors of such banks or financial institutions. The parties hereto entered into diverse agreements in terms whereof banks or the financial institutions lent money to the debtors.;

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