Rddb act 2003
V M DAHAKE
(Querist) 10 May 2015
This query is : Resolved
Suit filed by the borrower for damages and subsequent suit for recovery filed by the bank were transferred to DRT and decided by a common order. Suit for damages was awarded against the Bank. Bank had not challenged the jurisdiction of DRT in damages suit then.
a) Can bank in appeal before DRAT, challenge the jurisdiction of DRT to decide suit for damages filed by the borrower before the bank filed suit for recovery?
b) Would situation be different if bank had earlier contested the jurisdiction before DRT itself?
c) Any other opinion /advice?
Adv. Sagar R. Jadhav
(Expert) 11 May 2015
N, bank cant challenge jurisdiction before DRAT in appeal coz they have not challengedt trial stage.
Guest
(Expert) 12 May 2015
Query lacks in background information and circumstances based on which the order was passed by the DRT.
Moreover, the query has no relevance when the bank has not posed any such problem, as yet.
T. Kalaiselvan, Advocate
(Expert) 12 May 2015
The action proposed to be initiated by bank as apprehended by you will not be maintainable if your contents are to be taken for granted.
K.K.Ganguly
(Expert) 12 May 2015
1. The query is deficient in providing details,
2. However, the Bnk can certainly challenge the order passed by the DRT by filing appeal before the DRAT,
3. Whether the said appeal will suatain or not can be told on receipt of the details of the case,
4. In normal course, the order passed by the DRT will be treated as alid since the damage sit or the jurisdiction of the DRT to ry the said matter was not contested by the Bank before the DRT.
