M/S HIRA LALL AND SONS AND ORS. versus M/S. LAKSHMI COMMERCIAL BANK

M/S HIRA LALL AND SONS AND ORS. versus M/S. LAKSHMI COMMERCIAL BANK

Article 139A of the Constitution does not apply as this is not a case of transfer from one High Court to another, and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 gives exclusive jurisdiction to the Tribunal for such cases, so transfer to the High Court is not expedient or permissible.

Parties
Petitioner: M/s Hira Lall and Sons and Ors.; Respondent: M/s Lakshmi Commercial Bank
Jurisdiction
India
Judgment Date
05 August 2002
Procedural Posture
Transfer Petition (civil) No. 193/1997 / Order on Transfer Petition Under Article 139 a of the Constitution
Outcome
Petition dismissed.
Legal Topics
Transfer of Proceedings, Jurisdiction of Debt Recovery Tribunal, Letter of Credit, Insurance Claim, Exclusive Jurisdiction Under RDDBFI Act
Constitutional Law Banking Law Civil Procedure Transfer of Proceedings Jurisdiction of Debt Recovery Tribunal Letter of Credit Insurance Claim Exclusive Jurisdiction Under RDDBFI Act

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Parties

M/s Hira Lall and Sons and Ors.

Petitioner

M/s Lakshmi Commercial Bank

Respondent

Procedural Posture

Transfer Petition (civil) No. 193/1997 / Order on Transfer Petition Under Article 139 a of the Constitution

Legal Issues

  1. 1 Whether a case pending before Debt Recovery Tribunal can be transferred to the High Court under Article 139A where another related suit is pending in the High Court based on a different cause of action.

Ratio Decidendi

Article 139A of the Constitution does not apply as this is not a case of transfer from one High Court to another, and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 gives exclusive jurisdiction to the Tribunal for such cases, so transfer to the High Court is not expedient or permissible.

Court Disposition

Petition dismissed.

Orders

  • Transfer Petition under Article 139A dismissed.