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        Case ID :

        1999 (9) TMI 1005 - SC - Indian Laws

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        Debt Recovery Tribunal jurisdiction applies to pending bank recovery suits that qualify as debt and transfer automatically under the Act. Claims by a bank for recovery of outstanding dues pending in civil court fell within the Act's definition of 'debt' because the liability was alleged to ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Debt Recovery Tribunal jurisdiction applies to pending bank recovery suits that qualify as debt and transfer automatically under the Act.

                              Claims by a bank for recovery of outstanding dues pending in civil court fell within the Act's definition of "debt" because the liability was alleged to be due, subsisting, and legally recoverable on the date of the application, whether secured or unsecured. The Act vested exclusive jurisdiction in the Debt Recovery Tribunal for such matters and barred civil court jurisdiction. Section 31 required automatic transfer of pending suits or proceedings that would have been within the Tribunal's jurisdiction if instituted after its establishment. The bank's pending suits were therefore proceedings for recovery of debt and stood transferred to the Tribunal by operation of law.




                              Issues: Whether suits filed by a bank for recovery of outstanding dues pending in the civil court when the Debt Recovery Tribunal was established constituted claims for "debt" under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and stood transferred to the Tribunal by operation of law.

                              Analysis: The definition of "debt" under section 2(g) covers a liability alleged as due from a person to a bank, whether secured or unsecured, and whether payable under a decree or otherwise, provided it is subsisting and legally recoverable on the date of the application. The Act confers exclusive jurisdiction on the Tribunal under section 17 and bars civil court jurisdiction under section 18 in respect of matters within that field. Section 31 provides for automatic transfer of every pending suit or proceeding whose cause of action would have fallen within the Tribunal's jurisdiction if arising after its establishment. The bank's suits were for recovery of amounts said to be outstanding and legally recoverable, and the respondents' defence did not displace the subsisting liability for the limited jurisdictional enquiry.

                              Conclusion: The suits were proceedings for recovery of debt within the meaning of the Act and stood transferred to the Tribunal by operation of section 31; the High Court's contrary view was and the trial court's transfer orders were .


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                              ActsIncome Tax
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