ISSUE:
Whether the High Court/Supreme Court has the power to transfer a suit from a Civil Court to the DRT?
Whether Article 142 is applicable to direct a transfer from a Civil Court to DRT?
RULE:
A debtor under the common law of contract as also in terms of the agreement may have an independent right; no forum has been created for endorsement of that right. Jurisdiction of a civil court is barred only in respect of matters which strictly come within the purview of Section 17 of DRT Act and not beyond the same, the civil court therefore will continue to have jurisdiction.