2002 (1) TMI 1215

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....nt-debtors in an execution proceedings before the Debt Recovery Tribunal have come up with this original petition challenging exhibit No. P-5 order of the Tribunal. It is submitted by the petitioners that that order is vitiated due to jurisdictional error in so far as the Tribunal did not have power to entertain an execution application in respect of the decree in question passed by a sub-court be....

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....ibunal [2001] 107 Comp. Cas. 533 (Ker.). 2. It is true that, concerning the case of very same nature, I have held that that the debt "as per section 31 only those suits or proceedings 'the cause of action whereon it is based is such that it would have been if it had arisen after such establishment' of the Tribunal could be filed in the Tribunal alone". The cause of action whereon the petitioner....

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....41^1 and also a subsequent decision of this court in O.P. No. 31512 of 2001 following the said Supreme Court decision. It is further pointed out that the decision of this court in the said original petition was against exhibit P-5 itself by other parties affected thereby. Of course, the petitioner was not a party in that case. That is why the petitioner independently attempts this original petitio....

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....n application. Understood in this context, the words 'being a suit or proceeding the cause of action whereon it is based . . .' would mean that in the case of an execution application if the decree is for more than Rs. 10 lakhs, then that is the cause of action or the reason for an application for execution being filed before the Tribunal." 5. Thus, the Supreme Court has held that the amount cl....