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TMI Blog2005 (5) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... >ADARSH KUMAR GOEL, J. Suvir Sehgal, P.K Dutt and Puneet Kansal for the Appearing Parties. JUDGMENT Adarsh Kumar Goel, J. -- Punjab National Bank-applicant has filed application for execution of decree passed in Company Petition No. 46 of 1984 and final decree passed in C. A. No. 115 of 1986. According to the applicant a sum of Rs. 43,38,193.45 along with 12 per cent, interest remains due which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment-debtor, the stand taken is that there is no provision for transfer of an application filed after coming into force of the RDB Act which came into force on June 24,1993. I have heard learned counsel for the parties and perused the record. Learned counsel for the decree-holder relied upon judgment of the Bombay High Court in Bank of India v. Harshadrai Odhavji Mody [2003] 115 Comp. Cas. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elied upon judgment in Chothu Ram v. Budhu Ram, AIR 1976 Punj. & Har. 354, to submit that if a court has no jurisdiction, it cannot even return the plaint for presentation to the appropriate court and has to reject the same. No doubt procedure for transfer of execution proceedings as mentioned in the RDB Act is applicable only with regard to proceedings pending on the relevant date, i.e., June 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not in conflict with express provisions of the statute. Learned counsel for the judgment-debtor is unable to show any decision or principle as to why inherent power cannot be invoked in the present case, to achieve the ends of justice. There is no express or implied provision against exercise of such a power, in a situation which has arisen in the present case. Accordingly, C.A. No. 55 of 2005 i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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