Supreme Court · 2009 INSC 825 · Decided 15 May 2009

M.D., Bhoruka Textiles LTD. v. M/S Kashmiri Rice Industries

Court
Supreme Court of India
Citation
2009 INSC 825 · [2009] 9 S.C.R. 463
Case number
CIVIL APPEAL No. 3603/2009
Decided
15 May 2009
Bench
S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

~ SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1.985: Section 22 - Applicability of - Ouster of jurisdiction of c Civil Court - Trial Court held that since n5J final order passed by Bf FR mere reference would not suffice and s.22 does not .... apply - Appeal thereagainst dismissed by Held: Reference having been made before filing of D .It the suit, the receipt of reference is the starting point of enquiry - If the Civil Court's jurJ.;diction was ousted, any judgment rendered by it would be coram non judis - Such judgment becomes a nullity - Impugned judgment set aside -

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