Legal right of borrower to institute suit before civil court when proceedings under DRT already running which was elaborately discussed with the provisions of RDB Act & CPC The attracted provisions under 151 civil procedure code do not entitle to consolidate the suits due to express provision in special act , (RDB Act ), whether Independant suit filed by borrower in civil court during pendency of recovery proceedings in DRT can be transferred to DRT and tried with the application filed by bank or financial institution 2)if answer in affirmative can such transfer be ordered by a court only with the consent of parties 3) Is the jurisdiction of civil court to try a civil suit ousted as per scheme of RDB Act in relation to proceeding of recovery pending in DRT ; A reference was made by Division bench of high court of Calcutta to Supreme Court , keeping in view of divergence view upon the issue by similar bench of Supreme Court This Reference was made due to difference of opinion by similar bench upon issues having divergence of opinion in cases : 1) United bank of India Calcutta v Abhijeet tea company pvt limited 2) state bank of india v Ranjan chemicals limited and bench of three judges of Supreme Court (Larger Bench) held that these decisions of similar bench do not declare the correct proposition of law and upheld the decision of 1) Indian Bank & 2) Nahar industrial enterprises wherein correct proposition of law declared in these decisions Supreme Court while deciding reference on dated 10 / 11/2022 in civil appeal number 8973-8974 /2014 titled Bank of Rajasthan limited v VCK shares & dismissed the appeal and transfer of civil suit to DRT was affirmed :
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