Ladda 1 wp-6240-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6240 OF 2011 Bank of Baroda ....Petitioner Versus M/s Mantosh Exports Pvt Ltd ...Respondent Mr V.V. Shinde, Advocate for the Petitioner. None for the Respondent. CORAM : RANJIT MORE, J. DATED : 5th September, 2011. P.C.: 1. Heard learned counsel for the petitioner. 2. The petitioner has filed Summary Suit No.1274 of 1999 in this Court against the respondent. The said suit was decreed ex- parte by this Court by an order dated 20.7.1999. The petitioner, thereafter, approached the Debt Recovery Tribunal No. II, Mumbai (D.R.T.Mumbai) by filing Miscellaneous Application No. 9 of 2011 Ladda 2 wp-6240-11 for issuance of Recovery Certificate. This application is rejected by Presiding Officer of the D.R.T. Mumbai by an order dated 4th May, 2011 on the ground that after 16.7.1999 under Sections 17 and 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 the exclusive jurisdiction lies with the Debt Recovery Tribunal. 3. In the above circumstances, the petitioner has filed the present petition to call for record and proceedings of the Summary Suit No. 1274 of 1999 for deciding the validity of the decree dated 20.7.1999 and setting aside the same. The petitioner has also prayed for setting aside the impugned order dated 4.5.2011 passed by the learned Presiding Officer, D.R.T. Mumbai-II. 4. D.R.T. is constituted on 16.7.1999 and the Summary Suit of the petitioner was decreed by ex-parte order on 20.7.1999 i.e. subsequent to the constitution of the D.R.T. In these circumstances, the petitioner has prayed for setting aside the above decree which is in his favour. The petitioner has also prayed for setting aside the subsequent order of the D.R.T. dated 4.5.2011. I find substance in the contention of the petitioner that the order of the High Court dated 20.7.1999 is without jurisdiction. Same is, therefore, recalled. Consequently, the order passed by the D.R.T. on 4.5.2011 will not Ladda 3 wp-6240-11 survive. The Summary Suit No. 1274 of 1999 is revived. In view of the fact that exclusive jurisdiction lies with the D.R.T., the Prothonotary and Senior Master, High Court, Original Side is directed to transfer the same to the D.R.T. Petition stands disposed of. (RANJIT MORE, J.)