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april 2000

Supreme Court of India · 2000-04-10

ALLAHABAD BANK vs CANARA BANK

Citation / case number
SC 1999/4673
Court
Supreme Court of India
Petitioner
ALLAHABAD BANK
Respondent
CANARA BANK
Author
JAGANNADHA RAO
Bench
N.S.HEGDE M.J.RAO

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 and 537. 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 a winding up. The Court emphasized the necessity of adhering to the procedural requirements of the Companies Act in the context of ongoing recovery actions.

ALLAHABAD BANK vs CANARA BANK · Niyam