https://www.taxtmi.com/caselaws?id=104884 A remanded suit regains continuity from its original institution, so a matter disposed of before the special recovery tribunal came into force but restored on appeal remains pending on the relevant date and is liable to transfer to the Tribunal. The jurisdictional bar and overriding transfer provisions of the special recovery statute must be construed purposively to avoid leaving a remanded bank recovery suit outside both the Civil Court and the Tribunal. Claims framed as specific performance, injunction or damages were treated as set-off or counter-claim where they were in substance linked to the bank's monetary claim, and such claims also fell within the Tribunal's competence. The bank's suit could not be retained in the High Court. en-us Tue, 05 Sep 2000 00:00:00 +0530 Tue, 10 Jun 2014 15:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104884 A remanded suit regains continuity from its original institution, so a matter disposed of before the special recovery tribunal came into force but restored on appeal remains pending on the relevant date and is liable to transfer to the Tribunal. The jurisdictional bar and overriding transfer provisions of the special recovery statute must be construed purposively to avoid leaving a remanded bank recovery suit outside both the Civil Court and the Tribunal. Claims framed as specific performance, injunction or damages were treated as set-off or counter-claim where they were in substance linked to the bank's monetary claim, and such claims also fell within the Tribunal's competence. The bank's suit could not be retained in the High Court. Case-Laws Companies Law Tue, 05 Sep 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104884