Supreme Court · 2006 INSC 924 · Decided 29 November 2006
M/S Transcore v. Union of India and ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 924 · [2006] SUPP. 9 S.C.R. 785
- Case number
- CIVIL APPEAL No. 3228/2006
- Decided
- 29 November 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 8, 9; SARFAESI Act Section 13(2)
Headnote
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: A B Section 13(4)-Recovery of Debts Due to Banks and Financial C Institutions Act, 1993 (inserted by amending Act 30 of 2004)-Section 19(1) first proviso-Recovery of bank dues-Recourse to 2002 a condition precedent-Bank having elected to seek their remedy in terms of DRT Act can still invoke 2002 Act for realizing secured assets D without withdrawing application filed before DRT-lt's the discretion of the Bank-Doctrine of election is not applicable-Code of Civil Procedure, 1908-0rder
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