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 suit was transferred to the Debts Recovery Tribunal-II, Mumbai, which disposed of the suit by judgment dated 14th January 2005. Consequently, the appeal was rendered infructuous. The court, noting that no one appeared for the appellants and the respondent bank's counsel informed the court of the transfer and disposal, disposed of the appeal as infructuous with no order as to costs.
Headnote
A) Civil Procedure - Appeal - Infructuous - Transfer of Suit to Debts Recovery Tribunal - Where the summary suit out of which the appeal arose was transferred to the Debts Recovery Tribunal and disposed of by judgment dated 14th January 2005, the appeal has become infructuous and is disposed of accordingly (Paras 2-3).
Issue of Consideration
Whether the appeal survives when the original suit has been transferred to the Debts Recovery Tribunal and disposed of
Final Decision
Appeal disposed of as infructuous. No costs.
Law Points
- Appeal becomes infructuous when the underlying suit is transferred to a Debts Recovery Tribunal and disposed of
Case Details
2005 LawText (BOM) (08) 11
APPEAL NO.1371 OF 1996 IN SUMMONS FOR JUDGMENT NO.205 OF 1994 IN SUMMARY SUIT NO.1935 OF 1993
R.M. Lodha, J.P. Devadhar
Mr.Rajan Jaykar for respondent No.1
Ashwin Kamdar and Lalit Goswami
Punjab & Sind Bank, Jayantilal Chhaganlal Morzania, Tejinder 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.1935 of 1993
Previous Decisions
Summary Suit No.1935 of 1993 was transferred to Debts Recovery Tribunal-II, Mumbai and disposed of by judgment dated 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 suit was transferred to Debts Recovery Tribunal and disposed of on 14th January 2005
Ratio Decidendi
An appeal becomes infructuous when the underlying suit is transferred to a Debts Recovery Tribunal and disposed of, leaving no live controversy for the appellate court to adjudicate.
Judgment Excerpts
We are informed by the learned counsel for the respondent-bank that Summary Suit No.1935 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.1935 of 1993 was filed by Punjab & Sind Bank. Summons for Judgment No.205 of 1994 was taken out. Appeal No.1371 of 1996 was filed against the order in the summons for judgment. During the pendency of the appeal, the suit was transferred to Debts Recovery Tribunal-II, Mumbai, which disposed of the suit 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:
