Execution jurisdiction under debt recovery law may turn on decree amount, not the original suit claim.

Section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 was interpreted to mean that, in execution proceedings, jurisdiction may depend on the decree amount forming the basis of execution. Where the decree amount with interest exceeded the statutory threshold, the Debt Recovery Tribunal could entertain the execution application even though the original suit claim at institution was below that limit. On that construction, the contrary view was not followed, and the execution application was treated as within the Tribunal's jurisdiction.

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Issues: Whether an execution application before the Debt Recovery Tribunal was maintainable under section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 when the original suit claim was below Rs. 10 lakhs but the decree amount with interest exceeded that limit.

Analysis: The controlling interpretation of section 31 was taken from the Supreme Court's view that, in the case of execution proceedings, the relevant cause of action can be the decree amount that forms the basis of execution. On that approach, where the decree itself is for more than Rs. 10 lakhs, the execution application falls within the jurisdictional ambit of the Tribunal, notwithstanding that the suit claim at institution was below that figure. In view of that binding interpretation, the earlier contrary understanding could not be followed.

Conclusion: The execution application was within the Tribunal's jurisdiction and the challenge to exhibit P-5 failed.

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