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april 1999

Supreme Court of India · 1999-04-08

UNITED BANK OF INDIA vs THE DEBTS RECOVERY TRIBUNAL .

Citation / case number
SC 1998/16121
Court
Supreme Court of India
Petitioner
UNITED BANK OF INDIA
Respondent
THE DEBTS RECOVERY TRIBUNAL .
Author
M.B.SHAH G.B.PATTANAIK
Bench
M.B.SHAH G.B.PATTANAIK

Judgment text excerpt

The Supreme Court held that the High Court erred in determining that the claim made by the United Bank of India was not a 'debt' as defined under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Court emphasized that the substance of the claim should be considered, and that a suit for recovery of a debt does not lose its character merely because ancillary reliefs are sought. The Court reinstated the jurisdiction of the Debts Recovery Tribunal to adjudicate the matter, thereby reversing the High Court's decision.

UNITED BANK OF INDIA vs THE DEBTS RECOVERY TRIBUNAL . · Niyam