M S Vee Aar Polymers Pvt. Ltd. v. Kotak Mahindra Bank Limited
Case brief
What is this about?
The appellant challenged the jurisdiction of DRT, Dehradun, arguing that the cause of action and registered office were in Lucknow. This interlocutory order directed issuance of notices and listed the matter for service.
What the court decided
A compact analysis
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Appeal Dy. No. 238/2022 Date: 02.06.2022
M/s Vee Aar Polymers Pvt. Ltd. Vs. Kotak Mahindra Bank Ltd.
Shri Manoj Chopra, one of the appellants, has appeared in person, who is also an Advocate. He submits that the respondent-Bank had assigned the debt of the appellant to Kotak Mahindra Bank vide assignment deed dated 16.01.2006, on the basis of which the Kotak Mahindra Bank had filed an application for substitution on 29.08.2006, which was rejected by the Presiding Officer, DRT, Lucknow vide order dated 02.04.2009. On establishing of new DRT at Dehradun, some jurisdiction of the DRT, Lucknow was given to the DRT, Dehradun, due to which the case of the appellant was transferred to DRT, Dehradun, but the appellant submits that the whole cause of action had arisen in Lucknow and registered office of the appellant is also at Lucknow, as also all the loan documents were executed between the borrower and the Bank at Lucknow as well as the appellant also resides at Lucknow, therefore, the DRT, Dehradun has no jurisdiction to try the present case.
Let the notices be issued to the respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 19.09.2022 for service.
Justice R. D. Khare Chairperson
VN Giri
Issues for consideration
2 issues framed by the court
Whether the Debt Recovery Tribunal, Dehradun has jurisdiction to try a case where the cause of action and registered office of the appellant are in Lucknow.
Validity of transfer of the present case from DRT, Lucknow to DRT, Dehradun.
Parties & counsel
- appellant
M/s Vee Aar Polymers Pvt. Ltd.
- respondent
Kotak Mahindra Bank Ltd.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 091090002382022
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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