Virinder Mayor vs Bank of India and Others

H.S. Bedi, J.—The prayer of the learned counsel is that as the execution proceedings have been transferred to the Debt Recovery Tribunal, Jaipur, established under The Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter called "the Act"). The Regular First Appeal No. 306 of 1990 arising out of the suit in which the execution proceedings have been filed, should also be transferred to the Tribunal at Jaipur. In support of his assertion, the learned counsel relied upon Section 31 of the Act, which is reproduced below :-

"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 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."

It is clear from the proviso that the provisions of Section 31 of the Act, would not apply to any appeal pending before any Court. It is, therefore, not possible for this Court to transfer the Regular First Appeal No. 306 of 1990 to the Tribunal at Jaipur. In the alternative, it has been argued by Mr. Bajaj that the execution proceedings which have been transferred by the Court to the Tribunal, Jalandhar, should be recalled to that very Court and the matter be disposed of thereafter. This prayer of the learned counsel is not acceptable as is clearly provided by Section 31 of the Act that every suit or other proceedings pending before any Court immediately before the date of establishment of the Tribunal under the Act, would be transferred to the Tribunal.

Mr. Bajaj has finally urged that in case the execution proceedings are finalised and the decree is executed, R.F.A. No. 306 of 1990 pending in this Court would be rendered infructuous. To my mind, the only remedy open to the petitioner is to approach the Tribunal in Jaipur seeking stay of the execution proceedings so that in the meanwhile, the R.F.A. in question can be disposed off. This petition is, accordingly, disposed off in the above terms. It is further directed that No. 306 of 1990 be listed for hearing within three weeks.