Supreme Court · 2009 INSC 966 · Decided 29 July 2009
Nahar Industrial Enterprises LTD. v. Hong Kong & Shanghai Banking Corporation
- Court
- Supreme Court of India
- Citation
- 2009 INSC 966 · [2009] 12 S.C.R. 54
- Case number
- CIVIL APPEAL No. 4796/2009
- Decided
- 29 July 2009
- Bench
- S.B. SINHA, A.K. GANGULY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 96to100; Constitution Article 226, 227
Headnote
RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993/CODE OF CIVIL c PROCEDURE, 1908: SECTIONS 17, 18, 19, 22, 25, 31/SECTIONS 3, 4, 5, 9, 16, 17, 18, 19, 20, 96, 100, 151, 195 AND ORDER XL/ RULES 1, 5. D Suit - Whether High Court/Supreme Court has the power pending in Civil Court situated in one state to a Debt Recovery Tribunal. T Held: The very fact that a legal fiction has been created E and the Tribunal or the Appellate Tribunal deemed to be a Civil Court for purposes of Section 195 and Chapter XXVI of CPC, itself suggests that Parliament did not
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