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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