Case Note & Summary
The appeal arose from a summary suit filed by Punjab & Sind Bank against the appellants and others. During the pendency of the appeal, the original summary suit was transferred to the Debts Recovery Tribunal-II, Mumbai, and was disposed of by judgment dated 14th January 2005. The respondent-bank's counsel informed the court of this development. In view of the disposal of the original suit, the court found that the appeal had become infructuous. Consequently, the court disposed of the appeal as infructuous with no order as to costs. The judgment is brief and does not delve into the merits of the case.
Headnote
A) Civil Procedure - Appeal - Infructuous - Transfer of Suit to Debts Recovery Tribunal - Where the original summary suit out of which the appeal arises is transferred to and disposed of by the Debts Recovery Tribunal, the appeal becomes infructuous and is liable to be disposed of as such. (Paras 2-3)
Issue of Consideration
Whether the appeal has become infructuous due to the transfer and disposal of the original suit by the Debts Recovery Tribunal.
Final Decision
Appeal disposed of as infructuous. No costs.
Law Points
- Appeal becomes infructuous when the original suit is transferred to and disposed of by the Debts Recovery Tribunal
Case Details
2005 LawText (BOM) (08) 6
APPEAL NO.1358 OF 1996 IN SUMMONS FOR JUDGMENT NO.203 OF 1994 IN SUMMARY SUIT NO.608 OF 1993
R.M. Lodha, J.P. Devadhar
Mr.Rajan Jaykar for respondent No.1
Ashwin Kamdar and Lalit Goswami
Punjab & Sind Bank, Ramesh Kewal Singh, Tejinder Singh, Amar Bahadur Singh
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Nature of Litigation
Appeal against order in summary suit for recovery of debt by bank.
Remedy Sought
Appellants sought to challenge the order in the summary suit.
Filing Reason
Appeal filed against order in Summary Suit No.608 of 1993.
Previous Decisions
Summary Suit No.608 of 1993 was transferred to Debts Recovery Tribunal-II, Mumbai and disposed of on 14th January 2005.
Issues
Whether the appeal has become infructuous due to the disposal of the original suit by the Debts Recovery Tribunal.
Submissions/Arguments
Respondent-bank's counsel submitted that the original suit was transferred to and disposed of by the Debts Recovery Tribunal.
Ratio Decidendi
An appeal becomes infructuous when the original suit out of which it arises is transferred to and disposed of by the Debts Recovery Tribunal.
Judgment Excerpts
We are informed by the learned counsel for the respondent-bank that Summary Suit No.608 of 1993 out of which the present appeal arises was transferred to the Debts Recovery Tribunal-II, Mumbai.
In view thereof, we find that the appeal has become infructuous. We dispose of the appeal accordingly.
Procedural History
Summary Suit No.608 of 1993 was filed by Punjab & Sind Bank. The suit was transferred to Debts Recovery Tribunal-II, Mumbai, and disposed of on 14th January 2005. The present appeal was filed against an order in that suit. The appeal was heard on 2nd August 2005 and disposed of as infructuous.
Acts & Sections
- Banking Companies (Acquisition & Transfer of Undertakings) Act, 1980:
