Supreme Court · 2008 INSC 21 · Decided 8 January 2008
Sunil Poddar and ORS. v. Union Bank of India
- Court
- Supreme Court of India
- Citation
- 2008 INSC 21 · [2008] 1 S.C.R. 261
- Case number
- CIVIL APPEAL No. 86/2008
- Decided
- 8 January 2008
- Bench
- C.K. THAKKER, ALTAMAS KABIR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution
Headnote
Recovery of Debts due to Banks and Financial Institutions Act, 1993: A B s.22(2)(g) - Recovery suit - Service of summons - C Appearance of defendants through Advocate and also filing . of written statement and application raising preliminary objection as to maintainability of suit against them - before ORT - Ex parte decree - Application seeking setting aside of ex o parte decree on ground that summonses were not issued - Dismissal of, by ORT, ORA T, High Court - Correctness of - Held: Correct, as defendants suppressed the fact of having appeared in the civil suit - Defendants had
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