Supreme Court · 2006 INSC 965 · Decided 6 December 2006
Raghunath Rai Bareja and ANR. v. Punjab National Bank and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 965 · [2006] SUPP. 10 S.C.R. 287
- Case number
- CIVIL APPEAL No. 5634/2006
- Decided
- 6 December 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 446, 117, 446(3); Limitation Act Section 136
Headnote
B . Recovery of Debts Due to Banks and Financial Institutions Act, 1993- ss. 17, 18, 24, 31 and 34-Execution petition pending before High Court­ Transfer to Debts Recovery Tribunal-Exercising its jurisdiction under inherent C powers-Property of-Held: Transfer of execution petition to Debts 31 of the Act-There are no such inherent powers of the Court apart from Section 31 for transferring the execution proceedings to the Tribunal-Court cannot transfer the proceeding even under Section 446 of Companies Act as the same is not applicable once 1993 Act came into force as in view of D
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