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july 2006

Supreme Court of India · 2006-07-20

M/S Indian Oil Corporation vs M/S Nepc India Ltd., & Ors

Citation / case number
AIR 2006 SUPREME COURT 2780
Court
Supreme Court of India
Petitioner
M/S Indian Oil Corporation
Respondent
M/S Nepc India Ltd., & Ors
Bench
H. K. Sema, R. V. Raveendran

Judgment text excerpt

The Supreme Court upheld the Madras High Court's order allowing the quashing of complaints against NEPC India Ltd. and Skyline NEPC Ltd. under Section 482 of the Criminal Procedure Code. The Court emphasized that the hypothecation of aircraft under the Deed of Hypothecation was valid, and the appellant, Indian Oil Corporation, had the right to take possession of the hypothecated property upon default of payment as per Clause 9 of the Deed. The Court ruled that the complaints were not maintainable as the disputes were of a civil nature arising from contractual obligations, thus affirming the High Court's decision.

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