Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss. 15, 21 & 27 Civil Procedure Code (V of 1908), O. VII, R.10 Decree in favour of Bank in suit for recovery of loan amount Plaints in debtors' suits for redemption of mortgaged property and recovery of damages filed against Bank were returned by banking Court under O.VII, R.10, C.P.C. High Court in Constitutional jurisdiction set aside order of return of plaints With observations that suits filed by debtors would be deemed pending before Banking Court to be decided in accordance with law ¬Contention of debtors was that impugned /decree was illegal, because in view of such order of High Court, Banking Court cold not decide suit of Bank independent of other suits filed by debtors ¬Validity Such. contention was unfounded and misdirected as High Court had at no stage directed that suits filed by debtors would be decided alongwith suit, wherefrom present appeal had arisen Judgment debtors had also conceded that no consolidation order had been passed by any Court at any stage Judgment debtors had not raised any other objection to passing of impugned /decree in favour of Bank, thus; same would be deemed to be admitted Banking Court after dealing with each ground taken by debtors had passed impugned /decree in accordance with law, which did not call for interference by High Court in exercise of its appellate jurisdiction Appeal, .in the present case, also could not succeed for the reason that suits filed by debtors had been dismissed, against which no appeal had been filed, thus, same had attained finality ¬High Court dismissed the appeal as being devoid of merits. ORDER The appellants/judgment debtors, through the filing of this first appeal, has called in question judgment and decree dated 8 2 1999, whereby, the learned Judge Banking Court passed a decree for the recovery of Rs.2,30,40,356.69 against the appellants and favouring the respondent Bank. 2. Facts leading to the filing of the present appeal are that, on 14 5 1998, the respondent Bank, through its duly authorized principal officer, filed a suit for recovery of Rs.2,30,40,356.69, against appellants before Judge…

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