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november 2006

Supreme Court of India · 2006-11-08

INDUSTRIAL INVESTMENET BANK OF INDIA LTD vs MARSHAL'S POWER & TELECOM (I) LTD.

Citation / case number
SC 2005/2397
Court
Supreme Court of India
Petitioner
INDUSTRIAL INVESTMENET BANK OF INDIA LTD
Respondent
MARSHAL'S POWER & TELECOM (I) LTD.
Bench
H.K. SEMA & P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court held that the Division Bench of the High Court erred in granting an interim injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, as the matter was already before the Debts Recovery Tribunal which had exclusive jurisdiction over the claim. The Court emphasized that the Civil Court should not intervene in matters where a Tribunal is competent to deal with the claims, thus vacating the interim injunction granted by the High Court. The Court reaffirmed the principle that jurisdictional issues must be respected in matters of enforcement of rights.

INDUSTRIAL INVESTMENET BANK OF INDIA LTD vs MARSHAL'S POWER & TELECOM (I) LTD. · Niyam