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december 1997

Supreme Court of India · 1997-12-19

I.T.C. LTD, CALCUTTA vs THE DEBTS RECOVERY APP.TRIBUNAL

Citation / case number
SC 1997/18368
Court
Supreme Court of India
Petitioner
I.T.C. LTD, CALCUTTA
Respondent
THE DEBTS RECOVERY APP.TRIBUNAL
Author
M. JAGANNADHA RAO. SUHAS C. SEN
Bench
M. JAGANNADHA RAO. SUHAS C. SEN

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's Writ Appeal against the Karnataka High Court's decision, affirming that the Debt Recovery Tribunal correctly determined that the plaint disclosed a valid cause of action under Order 7 Rule 11 of the Code of Civil Procedure. The Court emphasized that the merits of the case, including the appellant's liability, should be evaluated at trial rather than at the preliminary stage. Consequently, the appeal was dismissed, reinforcing the principle that a cause of action must be assessed based solely on the plaint's contents at this stage.

I.T.C. LTD, CALCUTTA vs THE DEBTS RECOVERY APP.TRIBUNAL · Niyam