TaxTMI 
TaxTMI 
2002 (1) TMI 1215
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....fore 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 before enforcement of the Recovery of Debts....
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.... 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's suit was based was admittedly less than ....
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....urt 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 petition. 4. The decision in UCO Bank's case (supra)....
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....ds '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 claimed in the execution application is also coming wi....