Recovery of Debts and Bankruptcy Act, 1993

Section - 31 - Transfer of pending cases

CHAPTER VI

MISCELLANEOUS

Transfer of pending cases .

31 . (1) Every suit or other proceeding pending before any court immediately before the date of establishment of a Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal :

Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before any court:

[Provided further that any recovery proceedings in relation to the recovery of debts due to any multi-State co-operative bank pending before the date of commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 under the Multi-State Co-operative Societies Act, 2002 (39 of 2002), shall be continued and nothing contained in this section shall apply to such proceedings. ]

(2) Where any suit or other proceeding stands transferred from any court to a Tribunal under sub-section (1),-

(a)- the court shall, as soon as may be after such transfer, forward the records of such suit or other proceeding to the Tribunal; and
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