Supreme Court of India · 1998-05-05
REALVALUE APPLIANCES LTD vs CANARA BANK
- Citation / case number
- SC 1997/12824
- Court
- Supreme Court of India
- Petitioner
- REALVALUE APPLIANCES LTD
- Respondent
- CANARA BANK
- Author
- M. JAGANNADHA RAO S. SAGHIR AHMAD
- Bench
- M. JAGANNADHA RAO S. SAGHIR AHMAD
Judgment text excerpt
The Supreme Court held that once a reference is registered by the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985, the jurisdiction of the High Court to appoint a provisional liquidator is curtailed. The Court emphasized that the provisions of the Act must be followed, and the appointment of a receiver by the High Court was deemed inappropriate in light of the ongoing BIFR proceedings. Consequently, the appeals were allowed, and the orders of the High Court appointing a provisional liquidator were set aside.