State Bank Of Hyderabad vs Pennar Patoruon Ltd. And Anr.

The Supreme Court addressed whether prior leave from the Company Judge is necessary for a Commissioner appointed by the Debt Recovery Tribunal under Section 19(1)(e) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, to prepare an inventory of properties of a company under liquidation. The Court held that the Tribunal's authority is not undermined by the Company Judge's supervisory jurisdiction, and thus, the Tribunal can appoint a Commissioner without needing prior approval from the Company Judge. The appeal was allowed, overturning the High Court's decision that required such leave.