V M DAHAKE
10 May 2015 at 22:15
Suit filed by the borrower for damages and subsequent suit for recovery filed by the bank were transferred to DRT and decided by a common order. Suit for damages was awarded against the Bank. Bank had not challenged the jurisdiction of DRT in damages suit then.
a) Can bank in appeal before DRAT, challenge the jurisdiction of DRT to decide suit for damages filed by the borrower before the bank filed suit for recovery?
b) Would situation be different if bank had earlier contested the jurisdiction before DRT itself?
c) Any other opinion /advice?
Rddb act 2003
Suit filed by the borrower for damages and subsequent suit for recovery filed by the bank were transferred to DRT and decided by a common order. Suit for damages was awarded against the Bank. Bank had not challenged the jurisdiction of DRT in damages suit then.
a) Can bank in appeal before DRAT, challenge the jurisdiction of DRT to decide suit for damages filed by the borrower before the bank filed suit for recovery?
b) Would situation be different if bank had earlier contested the jurisdiction before DRT itself?
c) Any other opinion /advice?