IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1384 of 2007 Central Bank Of India & Anr Versus M/S Laxman Wire Industries Ltd ---------------------------------- 4 22-11-2011 Heard Mr. Ajay Kumar Sinha, learned counsel for the petitioners. By the impugned order the learned court below has rejected the prayer of the defendant/ petitioners to transfer Title Suit No. 49 of 2000 to the Debt Recovery Tribunal where Recovery Case No. 79 of 1999 filed by the petitioner-Bank is pending. It appears that opposite party no.1 has filed T.S.No. 49 of 2000 for compensation and for return of the pledged goods and for injunction against the Tribunal not to proceed further with the recovery proceeding. During the pendency of the suit the defendant –petitioners filed a petition praying for transfer of T.S.No. 49 of 2000 to the Debt Recovery Tribunal. By the impugned order the learned court below has rejected the prayer of the petitioner. In view of the judgment of the apex court, reported in 2009(8)SCC 646 it is now settled that a civil suit cannot be transferred to the Debt Recovery Tribunal where the proceedings for recovery of loan has been initiated at the instance of the defendant/Bank. . In this view of the matter, there is no illegality in the impugned order. The revision application is, accordingly, dismissed. roy ( V. Nath, J.) 2 roy