https://www.taxtmi.com/caselaws?id=306952 A borrower's independent civil suit against a bank is maintainable because the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 does not expressly or by necessary implication oust civil court jurisdiction over such a suit. The Act's set-off and counterclaim provisions operate only within a pending recovery application and do not bar separate civil proceedings. An independent suit also cannot be transferred to the Debts Recovery Tribunal, because the statute provides no such transfer power and Section 151 CPC cannot create one. Consent of the borrower is irrelevant where the court lacks statutory authority to order transfer. en-us Thu, 10 Nov 2022 00:00:00 +0530 Thu, 09 Mar 2023 08:41:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306952 A borrower's independent civil suit against a bank is maintainable because the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 does not expressly or by necessary implication oust civil court jurisdiction over such a suit. The Act's set-off and counterclaim provisions operate only within a pending recovery application and do not bar separate civil proceedings. An independent suit also cannot be transferred to the Debts Recovery Tribunal, because the statute provides no such transfer power and Section 151 CPC cannot create one. Consent of the borrower is irrelevant where the court lacks statutory authority to order transfer. Case-Laws Indian Laws Thu, 10 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306952