NDLI: Bank of Rajasthan Ltd. Vs. Vck Shares & Stock Broking Services Ltd.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1993 (RDB) – s. 19 – Code of Civil Procedure 1908 : Order VII R.10 - Recovery of Debts Due to Banks and Financial Institutions Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Civil Procedure, 1908 : Order VII R.10 - Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB) – s. 19 – The appellant bank sanctioned a term loan to the respondent company, however, respondent failed to make the payment – Appellant filed an application for recovery of the amounts before the Debts Recovery Tribunal, (DRT) – Respondent entered appearance to defend the proceedings, but in addition also filed a Civil Suit in the High Court which was dismissed by the Single Judge on the finding that the Court lacked jurisdiction as the same exclusively vested with the DRT – However, on appeal the Division Bench of the High court restored the suit and held that there is no provision in the RDB ousting jurisdiction of civil court – There existed a difference of opinion between several benches of the Supreme Court and it was considered appropriate to refer it to larger bench – The following questions were referred : (a) Whether an independent suit filed by a borrower against a Bank or Financial Institution, which has applied for recovery of its loan against the plaintiff under the RDB Act, is liable to be transferred and tried along with the application under the RDB Act by the DRT ?;(b) If the answer is in the affirmative, can such transfer be ordered by a court only with the consent of the plaintiff?; (c) Is the jurisdiction of a Civil Court to try a suit filed by a borrower against a Bank or Financial Institution ousted by virtue of the scheme of the RDB Act in relation to the proceedings for recovery of debt by a Bank or Financial Institution? – Held: There is no specific power to transfer a suit to the DRT – Only a plaint can be returned u/Or. VII, r. 10 – S. 151 of CPC cannot be utilized as a residuary power to achieve transfer – Absence of any legislative power cannot give a power by implication to the Civil Court – Also, not appropriate to read such power to transfer a suit to a DRT u/s. 151 of the CPC, when DRT is a creature of a statute and statute does not provide for such eventuality – (b) Once its concluded that there is no power with civil court, then there is no question of transfer of the suit whether by consent or otherwise – (c) There is no provision in the RDB Act by which the remedy of a civil suit by a defendant in a claim by the bank is ousted, but it is a matter of choice of that defendant – Such defendant may file counterclaim, or may avail procedure establish under Code.
Judge	Hon'ble Mr. Justice Sanjay Kishan Kaul
Neutral Citation	2022 INSC 1193
Petitioner	Bank Of Rajasthan Ltd.
Respondent	Vck Shares & Stock Broking Services Ltd.
SCR	[2022] 17 S.C.R. 567
Judgement Date	2022-11-10
Case Number	8972

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Bank of Rajasthan Ltd. Vs. Vck Shares & Stock Broking Services Ltd.

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Bank of Rajasthan Ltd. Vs. Vck Shares & Stock Broking Services Ltd.

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