The Court transferred a suit filed by SICOM Limited to the Debt Recovery Tribunal, noting that the plaintiff was declared a financial institution by a notification dated 30th April 2004, while keeping jurisdictional contentions open.
Suit transferred to the Debt Recovery Tribunal along with summons for judgement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 403 OF 2003
SICOM Limited .. Plaintiff
versus
Shailesh Natwarlal & ors. .. Defendants
Ms.Deepali Choudhary i/b Prakash Panjabi for the
plaintiff.
CORAM : D.G. KARNIK,J.
DATED : 2nd March 2005.
P.C.:
1. The learned counsel for the plaintiff states
that by a notification dated 30th April 2004, the
plaintiff has been declared to be a financial
institution and therefore, the suit needs to be
transferred to the Debt Recovery Tribunal. Hence, at
the request of the learned counsel for the plaintiff,
keeping the contentions as to the jurisdiction of the
Debt Recovery Tribunal open, the suit is transferred
to the Debt Recovery Tribunal. Office to transfer
the suit along with the Summons for Judgement.
D.G. KARNIK, J
1 issue framed by the court
Whether the suit instituted by a financial institution needs to be transferred to the Debt Recovery Tribunal.
1 provisions across 1 enactments
D.G. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court