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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
SC 1997/62082
Court
Supreme Court of India
Petitioner
M/S HIRA LALL & SONS & ORS.
Respondent
M/S LAKHSMI COMMERCIAL BANK
Author
RAJENDRA BABU
Bench
P. VENKATARAMA REDDI. S. RAJENDRA BABU

Judgment text excerpt

The Supreme Court addressed the transfer of original application No. 846 of 1996 from the Debts Recovery Tribunal to the High Court of Delhi, clarifying that Article 139-A of the Constitution does not apply as it does not involve a transfer between High Courts. The Court noted the applicability of Section 25 of the Code of Civil Procedure is doubtful, and emphasized that a Letter of Credit constitutes a sole contract between the parties involved. The petition for transfer was ultimately denied, maintaining the jurisdiction of the Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

M/S HIRA LALL & SONS & ORS. vs M/S LAKHSMI COMMERCIAL BANK · Niyam