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december 2000

Supreme Court of India · 2000-12-05

Canara Bank & Ors vs National Thermal Power Corp. & Anr

Citation / case number
AIRONLINE 2000 SC 611
Court
Supreme Court of India
Petitioner
Canara Bank & Ors
Respondent
National Thermal Power Corp. & Anr
Bench
K.T.Thomas, R.P.Sethi

Judgment text excerpt

The Supreme Court ruled that the High Court erred in setting aside the Company Law Board's orders and referring disputes to a High Powered Committee under the precedent established in Oil & Natural Gas Commission & Anr. v. Collector of Central Excise [1995 Supp. (4) SCC 541]. The Court clarified that the applicability of the ONGC case was contingent upon the existence of a genuine dispute, which was not present in the current appeals. Consequently, the Court upheld the orders of the Company Law Board, emphasizing the need for a legitimate dispute before referral to a committee under Section 111 of the Companies Act, 1956.

Canara Bank & Ors vs National Thermal Power Corp. & Anr · Niyam