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Judgment
N.K. Sodhi, J.—Andhra Bank-respondent obtained a decree for the recovery of Rs. 12.07, 203.76 p. against the petitioners and the same has been challenged in this Court in R.F.A. 739 of 1991 which is pending. It is common case of the parties that execution of the decree has not been stayed. The Bank took out execution and while the execution proceedings were pending the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short the Act) came into force. The executing Court as per order dated 18-1-1995 transferred the execution proceedings to the Debts Recovery Tribunal at Jaipur. It is against this order that the present revision petition has been filed.
The argument of the learned counsel for the petitioners is that in terms of the proviso to Section 31 of the Act the execution proceedings could not be transferred to the Tribunal. In order to appreciate the argument, it is necessary to refer to the provisions of Section 31 and its proviso which are reproduced hereunder for facility of reference :--
"31. Transfer of pending cases. -- (1) Every suit or other proceedings pending before any Court immediately before the date of establishment of a Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal:
Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before any Court.
(2) Where any suit or other proceedings stand transferred from any Court to a Tribunal under Sub-section (1), --
(a) the Court shall, as soon as may be after such transfer, forward the records of such suit or other proceedings to the Tribunal, and
(b) the Tribunal may, on receipt of such records, proceed to deal with such suit or other proceedings, so far as may be, in the same manner as in the case of an application made u/s 19 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit."
A perusal of this provision makes it clear that every suit or other proceedings pending before any Court immediately before the date of establishment of a Tribunal under the Act shall stand transferred on that date to such Tribunal. It could not be seriously disputed that the word "proceedings" occurring in Section 31 includes execution proceedings as well. The proviso, however, carves out an exception and states that Sub-section (1) will not apply to any appeal which was pending before any Court. In terms of this provision the Regular First Appeal pending in this Court cannot be transferred but the execution proceedings which are covered by Sub-section (1) of Section 31 of the Act will have to be transferred in terms of the mandate contained in this section.
In this view of the matter, no fault, can thus, be found with the order of the executing Court transferring the execution proceedings to the Tribunal at Jaipur\\Consequently, the revision petition fails and the same stands dismissed. No costs.
Copy of this order be given Dasti on payment of usual charges.