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april 2006

Supreme Court of India · 2006-04-18

Indian Bank vs Abs Marine Products Pvt. Ltd

Citation / case number
AIR 2006 SUPREME COURT 1899
Court
Supreme Court of India
Petitioner
Indian Bank
Respondent
Abs Marine Products Pvt. Ltd
Bench
Ar. Lakshmanan, R. V. Raveendran

Judgment text excerpt

The Supreme Court upheld the decision of the Calcutta High Court, affirming that the suit filed by the borrower against the Bank was maintainable under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, specifically Section 19. The Court established that the suit was not a counter-claim but a separate suit, thus the High Court had jurisdiction to entertain it. The appeal by the Bank for transfer of the suit to the Debt Recovery Tribunal was dismissed, maintaining the High Court's orders dated 24.1.2001 and 13.3.2001.

Indian Bank vs Abs Marine Products Pvt. Ltd · Niyam