' In a suit filed by the petitioner an application was filed by the respondent Bank for the return/rejection of the plaint in view of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. The learned trial Court, which was seized of the matter, has returned the plaint to the petitioner for presentation before the appropriate Court instead of transferring the same.
2. It is contended that in view of section 7(6) of the Act (ibid), the suit had to be transferred to the Banking Court concerned and the order of the learned trial Court returning the plaint to the petitioner for its presentation is contrary to the law.
3. Learned counsel for respondent No,1 has attempted to support the order of the learned trial Court .
4. In view of the clear language of section 7(6) of the Act, the order passed by the learned trial Court cannot be regarded as legal. In terms of the said provisions of law, which is quite clear, the suit pending before any other Court had to be transferred, and, indeed, it had to be deemed to have been A transferred to the Banking Court concerned. The order returning the plaint to the petitioner cannot, therefore, be sustained in the presence of the clear provisions of law. It is as such declared as without lawful authority. For proceedings further with the matter section 7(7) of the Act takes care of such a situation. The transferee Court has to proceed in accordance with the mandate of law.
5. As a result of the above, this petition is allowed. No order as to costs.