Ronojit Kumar Mitra, J. - (1.) This was an application made under the provisions of both, Clause 13 of the Letters Patent, and Section 24 of the Civil Procedure Code. In the petition there were several prayers and alternative prayers. The principal prayer however, was for a direction for the transfer to this court of the Transfer Application, being T.A. No. 196 of 1995 (State Bank of India v. Perin Steel & Alloys Pvt. Ltd. & Ors.). Pending before the Debt Recovery Tribunal, Calcutta, and for its analogous hearing and disposal with the Suit No.428 of 1987 (Perin Steel & Alloys Pvt. Ltd. & Ann v. State Bank of India & Ors.), which was pending before this Court. This application was heard on affidavits.
(2.) The petitioner had instituted a suit against the bank in this Court, being Suit No.128 of 1987(Perin Steel & Alloys Pvt. Ltd. & Anr. v. State Bank of India & Ors. ), to which I shall refer as 'the suit instituted by the petitioner'. In its plaint in the suit, the petitioner prayed for specific performance of an agreement, between the petitioner and the bank, to rehabilitate the petitioner. The bank had also instituted a suit against the petitioner, being Title Suit No. 178 of 1985 ( State Bank of India v. Perin Steel & Alloys Pvt. Ltd. & Ors ), in the Court of The 7th Subordinate Judge at Alipore, 24 Parganas, in the State of West Bengal to which I shall refer as the Bank's suit'. In the plaint, filed in its suit the bank put an end to the agreement and recalled its advances from the petitioner and claimed a decree for its dues together with interest. In an application made by the petitioner, a Hon'ble Judge of this court, by an order dated June 11, 1987 (transferred the bank's suit, being T.S. No. 178 of 1985, to this court to be heard analogously with the suit which had been instituted by the petitioner, and was pending before this court. The bank's suit upon being transferred, was re- numbered as Extraordinary Suit No. 43 of 1987. Thereafter, the Recovery of Debts due to Banks and Financial Institutions Act 1993 was enacted and came into force. The bank's suit which had been transferred to this Court by the order dated June 11, 1987, stood retransferred by operation of law, to the Debt Recovery Tribunal, and was further renumbered as Transfer Application No.196 of 1995.
(3.) The petitioner's suit pending before this court had been taken up for hearing but after some time, by an order dated March 27, 1998 the hearing was adjourned.;