The present record is search out today as it was misplaced and complainant appeared and submitted that final order had not been passed regarding the maintainability of the case. So today  we are passing the final order after considering the entire materials on record.

On proper verification of the complaint and also the Written Version as filed by the O.P. that admitted position is that in respect of the Loan A/c of M/s KGM Electronics, Complainant -2 duly recorded the creation of equitable mortgage in favour of the O.P. Bank by deposit of the Title Deed and fact remains, Complaint-1 is enjoying the financial accommodation from the O.P. Bank and Complainants -2 and 3 jointly and unconditionally acknowledge the said balance outstanding in the Cash Credit A/c  and further Complaint-1, 2 and 3 by writing a letter dt. 10/01/2007 unconditionally admitted that there was balance out standing of Rs.15,44,495/- as on 09/01/2007 against the said Cash Credit  A/c and unconditionally acknowledge the said liability.

Contd. …. 2/-

-:: 2 ::-

As it submitted by the O.P. and admitted position is that in respect of that arrear of Loan A/c  O.P.  already filed a suit before Debt  Recovery Tribunal on 22/412/2009 which was registered as OA-279 of 2009 against the present complainants, as per SARFASEI Act. So, the present dispute is under the control of the Debt Recovery Tribunal as per provision of Section-19 of the Recovery of Debts Act,1993.  It is also fact that  O.P. Bank prior to  institution of the said suit before the Debt Recovery Tribunal  issued notice and today complainants have admitted that they have received the said notice of the case. But peculiar factor is that complainant even after continuation of the said proceeding filed the present complaint under the C. P. Act on 15/03/2010.

In view of the above position,  we are confirmed that the present complaint is not maintainable before this Forum on the ground that the O.P. already took such step for  realization of the outstanding balance in respect of the present Cash Credit A/c or Loan A/c  as per provision of Debts Recovery Act and no doubt as per Debts Recovery Act the said proceeding before the Debts Recovery Tribunal is pending as per provision of that Act as it is a special Act for disposing of specific dispute in between Loanee Member and the Bank and for which the present Forum has no jurisdiction to decide the same dispute in the present proceeding.

In view of the above position of law and fact the present complaint is not tenable in the eye of Law because similar relief can be granted by the by the Debts Recovery Tribunal as per Debt Recovery Act.

In the result, we are of opinion that this complaint is not tenable when already the present dispute is under the seasin and Debt Recovery Tribunal is the special Tribunal to decide the same.

Hence,

Ordered

That the complaint be and the same is not maintainable as this forum has no jurisdiction to decide present dispute when competent special tribunal Debt recovery Tribunal is in seasin of the dispute for deciding the present dispute.