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august 2002

Supreme Court of India · 2002-08-05

M/S Hira Lall & Sons & Ors vs M/S Lakhsmi Commercial Bank

Citation / case number
AIR 2002 SUPREME COURT 2873
Court
Supreme Court of India
Petitioner
M/S Hira Lall & Sons & Ors
Respondent
M/S Lakhsmi Commercial Bank
Bench
S. Rajendra Babu, P. Venkatarama Reddi

Judgment text excerpt

The Supreme Court addressed a petition for the transfer of an original application pending before the Debts Recovery Tribunal to the High Court, emphasizing that Article 139-A of the Constitution does not apply as this is not a transfer between High Courts. The Court noted the applicability of Section 25 of the Code of Civil Procedure is doubtful and clarified that a Letter of Credit constitutes a sole contract with the banker, independent of disputes between the buyer and seller. The Court ultimately held that the transfer request was not maintainable, thereby dismissing the petition.

M/S Hira Lall & Sons & Ors vs M/S Lakhsmi Commercial Bank · Niyam