Section 31: Transfer of pending cases

Recovery of Debts and Bankruptcy Act, 1993 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1993

Legal Commentary & Landmark Judgments: Section 31

Section 31 governs the transfer of pending civil court recovery suits to the DRT and anchors the issuance of Recovery Certificates under Section 31A.

  • Statutory Powers & Jurisdiction: Section 31 provides that every suit or other proceeding pending before any civil court immediately before the establishment of the DRT which falls within the Tribunal's monetary jurisdiction shall stand transferred to the Tribunal.
  • Core Legal Standard: Working in tandem with Section 31A, it authorizes the Presiding Officer to issue recovery certificates for decrees passed by civil courts, enabling execution through the summary machinery of the Recovery Officer.
Key Landmark Precedents:
  • Punjab National Bank v. Chajju Ram (2000) 6 SCC 655: The Supreme Court held that unexecuted civil court decrees above the statutory threshold are executable through Recovery Certificates issued under Section 31 and 31A, transferring execution power exclusively to the DRT Recovery Officer.
Legal Commentary:

Section 31 and 31A bridged the gap between legacy civil court decrees and the specialized DRT enforcement framework, enabling banks to enforce stalled court decrees through summary administrative execution.