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september 2000

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.

United Bank Of India, Calcutta vs Abhijit Tea Co.Pvt.Ltd. And Ors · Niyam