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april 2000

Supreme Court of India · 2000-04-10

Allahabad Bank vs Canara Bank & Another

Citation / case number
AIR 2000 SUPREME COURT 1535
Court
Supreme Court of India
Petitioner
Allahabad Bank
Respondent
Canara Bank & Another
Author
M.Jagannadha Rao
Bench
M.J.Rao, N.S.Hegde

Judgment text excerpt

The Supreme Court addressed the interplay between the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (RDB Act) and the Companies Act, 1956, specifically sections 442, 537, and 446(1). The Court held that the Allahabad Bank, having obtained a decree under the RDB Act, must seek leave from the Company Court before proceeding with recovery actions, as the Company Court has the authority to stay such proceedings to determine creditor priorities in the event of winding up. The Court emphasized that the distribution of sale proceeds must consider the claims of all creditors, including the Canara Bank, which is pending before the same Tribunal.

Allahabad Bank vs Canara Bank & Another · Niyam