AR.LAKSHMANAN, C.J. - (1.) The Bank of Rajasthan Ltd., is the petitioner in this writ petition. The writ petition was filed with the following prayers : i) to quash the order dated 13-10-2000 passed by the learned Debts Recovery Appellate Tribunal, New Delhi whereby the appeal has been entertained by the learned Debts Recovery Appellate Tribunal, Delhi and notices have been issued for summoning the parties; ii) to declare that the learned Debts Recovery Appellate Tribunal New Delhi has no jurisdiction to entertain the appeal against the order's dated 5-7-2000 and 6-9-2000 passed by the learned Debts Recovery Tribunal, Jaipur; iii) to quash the entire proceedings of appeal No. 191/2000 and 192/2000 by holding that no appeal was maintainable against the orders dated 5-7-2000 and 6-9-2000 passed by the learned Debts Recovery Tribunal, Jaipur and to restrain the Debts Recovery Appellate Tribunal, New Delhi from proceeding further in the matter of hearing of the appeal; iv) and may pass any other appropriate order or direction which this Hon'ble court consider just and proper in the facts and circumstances of the case in favour of the petitioner.
(2.) The short facts of the case which are relevant for the disposal of this writ petition are under: The petitioner-Bank sanctioned certain credit facilities to the first respondent herein pursuant to the application of the respondent No. 1. According to the Bank, the loan application was considered in the meeting of the Board of Directors of the Bank held on 6-1-1995 within the territorial limits of jurisdiction of the Debts Recovery Tribunal, (for short DRT), Jaipur. The Bank sanctioned the credit facilities as per the terms and conditions mentioned in the sanction letter dated, 20th January, 1995. In consideration of the Bank's granting credit facilities, the respondent No. 1 executed various documents. As the respondent No. 1 failed to make the payment and committed breach of the agreement, the Bank was constrained to institute proceedings before the DRT, Jaipur for recovery of a sum of Rs. 11,34,83,080/- and claimed various reliefs; such as: (a) a decree for the amount claimed against respondents Nos. 1 to 7 jointly or severally; (b) auction the movable goods, plant and machinery etc. (c) and other incidental and ancillary prayers including the appointment of receiver to take actual physical possession of all the movable and immovable properties of the respondents; (d) a further prayer restraining the respondents from transferring, alienating or otherwise disposing of or parting with possession of any of its movable and immovable properties till the realization of all outstanding dues was also made.
(3.) The above application was filed under S. 19 of the Act of 1993 before the DRT, Jaipur. The respondents, pursuant to the receipt of the summons appeared before the DRT on 5-7-2000 and moved an application seeking seven day's time to file objections with regard to the jurisdiction of the DRT, Jaipur. On the said date, the DRT, Jaipur, passed a detailed order wherein it had observed that regarding the territorial jurisdiction, it can only be decided after hearing both the parties on the pleas taken by them and, therefore, directed the respondents Nos. 1 to 8 to file their reply to the original Application as well as to the Miscellaneous Applications. A copy of the said order has been marked as Annexure-3.;