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may 1998

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.

REALVALUE APPLIANCES LTD vs CANARA BANK · Niyam