Supreme Court of India · 2000-09-05
United Bank Of India, Calcutta vs Abhijit Tea Co.Pvt.Ltd. And Ors
- Citation / case number
- AIR 2000 SUPREME COURT 2957
- Court
- Supreme Court of India
- Petitioner
- United Bank Of India, Calcutta
- Respondent
- Abhijit Tea Co.Pvt.Ltd. And Ors
- Author
- M. Jagannadha Rao
- Bench
- M. Jagannadha Rao, Doraiswamy Raju
Judgment text excerpt
The Supreme Court addressed the applicability of the 'Recovery of Debts Due to Banks and Financial Institutions Act, 1993' (Recovery Act) in the context of a pending suit. The Court held that the suit filed by the Bank was not 'immediately pending' on the original side of the High Court as required by Section 31(1) of the Recovery Act, thus allowing the suit to remain in the High Court. The Court emphasized that the appeal's status did not equate to the suit being pending, affirming the High Court's decision to retain the suit.