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Supreme Court Of India

(From : (1999) 3 Pun LR 327)

Hon'ble Judge(s): B. N. Kirpal, Ajay Prakash Misra, Ruma Pal , JJJ

(A) Recovery of Debts Due to Banks and Financial Institutions Act (51 of 1993) , S.31A, S.31— Transfer of Cases - Decree for recovery of money - Passed before commencement of Amendment Act - Not yet executed - Amount due for which decree was sought to be executed, over Rs. 10 Lakhs - Tribunal only and not Civil Court @page-SC2672would have jurisdiction of entertaining application for execution of decree.(1999) 3 Pun LR 327, Reversed. (Para 9) (B) Recovery of Debts Due to Banks and Financial Institutions Act (51 of 1993) , S.31A, S.34— Transfer of cases - Decree for recovery of money - Principal sum under decree below Rs. 10 Lakhs - Decree however, awarding interest at rate of 161/2% p.a. from date of filing of suit till recovery - Application for execution filed when amount due under decree became more than Rs. 10 Lakhs - Application can be entertained by Tribunal only and not by Civil Court on ground that original decree was for less than Rs. 10 Lakhs - More so, as provisions of O. 21, R. 10 C.P.C. do not apply. (1999) 3 Pun LR 327, Reversed. Civil P.C. (5 of 1908) , O.21 R.10— (Para 9) .....