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november 2000

Supreme Court of India · 2000-11-28

Bhanu Construction Co. Pvt. Ltd vs Andhra Bank, Hyderabad And Ors

Citation / case number
AIR 2001 SUPREME COURT 477
Court
Supreme Court of India
Petitioner
Bhanu Construction Co. Pvt. Ltd
Respondent
Andhra Bank, Hyderabad And Ors
Bench
M. Jagannadha Rao, Doraiswamy Raju

Judgment text excerpt

The Supreme Court held that the order of the Civil Court dated 20.9.94 was without jurisdiction as it was passed after the enactment of The Recovery of Debts due to Banks and Financial Institutions Act, 1993, which barred civil court jurisdiction under Section 18. The Court emphasized that disputes regarding debts due to banks must be adjudicated by the Tribunal established under the Act, and not through writ petitions under Article 226 of the Constitution. The appeal was allowed, and the Division Bench's dismissal of the writ petition was set aside, affirming the earlier Single Judge's ruling that the Civil Court lacked jurisdiction.

Bhanu Construction Co. Pvt. Ltd vs Andhra Bank, Hyderabad And Ors · Niyam