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.