order of the Debt Recovery Tribunal (DRT), which found Section
10 of the Code of Civil Procedure (" CPC ... powers as are vested in a civil court under the
Code of Civil Procedure , 1908 (5 of 1908), while trying
M/S Transcore vs Union Of India & Anr on 29 November, 2006
Equivalent citations
Section 19 of the DRT Act and of Rule 6 of the
DRT Rules are intended for applications before the DRT for
recovery of money ... limited to only
one DRT i.e. the DRT having jurisdiction over the borrower, is also
indicative of the DRT having jurisdiction in the matter
Mumbai and therefore as per section 16 of the Code of Civil
Procedure, 1908 (for short, the " CPC ... procedure of Courts of Civil Judicature. Section 9 and which falls in
Part I of the CPC , deals
DRT akin to the powers conferred on
a Civil Court under Section 151 of the Code of Civil Procedure.
He submitted ... powers as are
vested in a civil court under the Code of Civil Procedure , 1908 (5 of
1908), while trying
well as Order XXXIX Rule 4
of the Code of Civil Procedure , 19083 have additionally been filed on
their behalf. Insofar ... date of first hearing. Provisions of the Code of
Civil Procedure envisage taking of various steps at different
stages of the proceeding
plaintiff
for being presented in DRT, Mumbai under Order 7 Rule 10 of the Code
of Civil Procedure .
The
facts leading ... herein for being
presented before DRT, Mumbai under Order 7 Rule 10 of the Code of
Civil Procedure instead of rejecting
interim order. He referred to Section 9 of the Code of Civil Procedure and various provisions of the Recovery of Debts ... Bengal, Agra and Assam Civil Court Act are Courts in respect of which the Code of Civil Procedure is applicable
of Civil Procedure . Therefore, even though the Tribunal can regulate its own procedure, the Act requires that any procedure laid ... decree is passed by a Civil Court to which the provisions of Code of Civil Procedure apply. As the provisions
powers as are vested in a Civil Court under the Code of Civil Procedure .
Therefore it is clear that the provisions ... and merely because the DRT Act
1993 states that the provisions of the Code of Civil Procedure are not
applicable
