JITENDRA KR KHAN Vs. PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL WEST BENGAL
LAWS(CAL)-1996-1-10
HIGH COURT OF CALCUTTA
Decided on January 12,1996

JITENDRA KR.KHAN Appellant
VERSUS
PRESIDING OFFICER, DEBTS RECOVERY TRIBUNAL, WEST BENGAL Respondents


Cited Judgements :-

PRATAP CH DEY VS. ALLAHABAD BANK [LAWS(CAL)-1996-9-25] [REFERRED TO]


JUDGEMENT

N.K.Bhattacharyya, J. - (1.)?Heard the submission of the learned Advocate for the petitioners Mr. Anil Mukherjee appearing with the learned Advocates Mr. Basudeb Mukherjee, Dilip Chatterjee and the learned Advocate for the opposite party, Mr. Udayan Sen. Considered the materials on record.
(2.)In these revisional applications under Art. 227 of the Constitution of India, the petitioners have challenged order No. 10 dated 3-1-96 and 4-1-96 passed by the Presiding Officer of the Debt Recovery Tribunal, Calcutta in T. A. Nos. 335/94 & T. A. No. 336/94 respectively, whereby the learned Tribunal dismissed the petition of the petitioners for deciding the question of Jurisdiction first and then to hear the proceeding.
(3.)As this is a pure question of law, we need not go into the facts of the cases but it will suffice to mention that these are cases u/s. 34 of the Recovery of Debts due to the Banks and Financial Institutions Act, 1993. It was contended before the Tribunal that as a suit for Mortgage was pending before a Civil Court over the self-same matter, the tribunal has no jurisdiction and authority to adjudicate the matter which remains within the domain of the Civil Court. Accordingly, a prayer was made before the tribunal for deciding the question of jurisdiction earlier before deciding the merits of the case itself.
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