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october 2006

Supreme Court of India · 2006-10-11

STATE BANK OF INDIA vs M/S. RANJAN CHEMICALS LTD.

Citation / case number
SC 2004/18421
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA
Respondent
M/S. RANJAN CHEMICALS LTD.
Author
P.K. BALASUBRAMANYAN
Bench
H.K. SEMA & P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court held that the suit filed by M/s. Ranjan Chemicals Ltd. for damages against the State Bank of India was not a counter claim under Section 19(9) of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Court affirmed the High Court's decision that the civil court had jurisdiction to hear the suit for damages, as it arose from a different cause of action than the bank's claim in the Debt Recovery Tribunal. Consequently, the appeal by the bank for transferring the suit was dismissed, upholding the civil court's authority to proceed with the case.

STATE BANK OF INDIA vs M/S. RANJAN CHEMICALS LTD. · Niyam