BANK OF INDIA Vs. ESSPO SALES

JUDGEMENT

(1.) THIS pertains to the petition filed by the defendant No. 2 on 3.12.2001 questioning the jurisdiction of this Tribunal to decide the instant Original Application No. 151/2000 arising from Execution (PT) Case No. 115/98.

(2.) Heard the arguments of parties and I have also perused the petition and written arguments filed by the applicant Bank.

(3.) APPLICANT Bank on the contrary has contended that their claim filed initially before the Certificate Officer has not yet been adjudicated upon on merit, and, therefore, this Tribunal should adjudicate the claim of Bank. It has also been inter alia contended that on transfer of the certificate proceeding the same has been wrongly registered as execution proceedings and for the mistake of the Court parties ought not to suffer. It is further the case of the applicant that the objection on the ground of res judicata and limitation is not applicable to the present claim.