9911796707
TMI Blog2000 (5) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... lding that the order passed by the Registrar in transferring the matter to the Tribunal is a nullity because the earlier order passed under section 24 was on the judicial side. The view expressed by the learned single judge is contrary to the purposes of the Act as explained by this Court in Allahabad Bank’s case (2000 (4) TMI 757 - SUPREME COURT OF INDIA). The learned Division Bench of the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 31 of the Act is automatic, and the Registrar of the High Court, where the suit is pending, is only to perform the ministerial act of transferring the papers to the Tribunal. But unfortunately, the learned single judge of the Calcutta High Court, Amitava Lala, J. held that this suit was transferred to the High Court earlier on the judicial side, under section 24 of the Civil Procedure Code and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court from a civil court under section 24. Both types of suits get automatically transferred to the Tribunal and the High Court has no jurisdiction to deal with the matter. 5. We are surprised that the learned single judge Amitava Lala, J., has chosen to give a grossly unreasonable and perverse interpretation to the provisions of the Act and Letters Patent of the Calcutta High Court in holdi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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