Case Note & Summary
The appeal arose from a summary suit (Summary Suit No.2609 of 1992) filed by Punjab & Sind Bank and others. The appellants were original defendants Nos.3 and 4. During the pendency of the appeal, the learned counsel for the respondent-bank informed the court that the summary suit had been transferred to the Debts Recovery Tribunal-II, Mumbai, and was disposed of by that Tribunal on 14th January 2005. In view of this development, the court found that the appeal had become infructuous. Accordingly, the court disposed of the appeal with no order as to costs. No arguments were advanced on behalf of the appellants as none appeared.
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 the Debts Recovery Tribunal and disposed of by that 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 in view of 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) 9
APPEAL NO.1367 OF 1996 IN SUMMONS FOR JUDGMENT NO.209 OF 1994 IN SUMMARY SUIT NO.2609 OF 1992
R.M. Lodha, J.P. Devadhar
Mr.Rajan Jaykar for respondent No.1
Ashwin Kamdar and Lalit Goswami
Punjab & Sind Bank and others
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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.2609 of 1992.
Previous Decisions
Summary Suit No.2609 of 1992 was transferred to Debts Recovery Tribunal-II, Mumbai and disposed of on 14th January 2005.
Issues
Whether the appeal has become infructuous due to transfer and disposal of the original suit by the Debts Recovery Tribunal.
Submissions/Arguments
Respondent-bank's counsel submitted that the summary suit was transferred to the Debts Recovery Tribunal and disposed of on 14th January 2005.
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, as there remains no live issue for adjudication.
Judgment Excerpts
We are informed by the learned counsel for the respondent-bank that Summary Suit No.2609 of 1992 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. No costs.
Procedural History
Summary Suit No.2609 of 1992 was filed in the Bombay High Court. Summons for Judgment No.209 of 1994 was taken out. Appeal No.1367 of 1996 was filed against the order in the summons for judgment. During the appeal, the suit was transferred to the Debts Recovery Tribunal-II, Mumbai, which disposed of it on 14th January 2005. The appeal was then heard on 2nd August 2005 and disposed of as infructuous.
Acts & Sections
- Banking Companies (Acquisition & Transfer of Undertakings) Act, 1980:
