Law:

Section:

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) S.18 Civil Procedure Code (V of 1908), O.XXI, Rr.58, 100 & 101 Execution of decree Mode of Court has the discretion to either follow the procedure laid down in the Civil Procedure Code, 1908 or follow any other mode that the Court may deem fit in the circumstances of the case ¬Where the debtor or any person claiming through the debtor does not voluntarily give possession of the mortgaged property, the Banking Court has the power to put the Banking Company or the purchaser of the premises in possession of the mortgaged property in any manner deemed fit by it Principles. Section 18 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 gives very wide powers to the Banking Court to execute the decrees passed by it. The provisions of C.P.C. are not mandatory but are only directory in nature and the Court has been given the discretion to execute the decree in accordance with the provisions of C.P.C. or in any other manner it may deem fit. It is also indisputable that the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 was enacted because the previous legislation in the field was not found effective for recovering the claims of the banks expeditiously and keeping in view the delays that were occurring. The Legislature considered it fit to give greater flexibility and discretion to the Banking Court so that the claims of the banks may be recovered without undue delay. Act is a special statute and the provisions of the special law prevail over the general provisions of C.P.C. Section 18 of the Act recognizes this position and clearly states that the Court has the discretion to either follow the procedure laid down in C.P.C. or follow any other mode that the Court may deem fit in the circumstances of case. Where the debtor or any person claiming through the debtor does not voluntarily give possession of the mortgaged property, the Banking Court has the power to put the banking company or the purchaser of the premises in possession of the mortgaged property in any manner deemed fit by it. In the present case, the…

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