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january 2008

Supreme Court of India · 2008-01-08

Oriental Bank Of Commerce vs Sunder Lal Jain & Anr

Citation / case number
AIR 2008 SUPREME COURT 1339
Court
Supreme Court of India
Petitioner
Oriental Bank Of Commerce
Respondent
Sunder Lal Jain & Anr
Author
G. P. Mathur
Bench
G.P. Mathur, Aftab Alam

Judgment text excerpt

The Supreme Court held that the Delhi High Court's order directing Oriental Bank of Commerce to declare the respondents' account as Non-Performing Asset (NPA) from 31st March 2000 was erroneous, as the respondents had not challenged the Debt Recovery Tribunal's decree from 14.11.2003, which had attained finality. The Court emphasized that the respondents had an available remedy to appeal against the recovery proceedings, making the writ petition maintainable. Consequently, the Supreme Court set aside the High Court's order, reinforcing the finality of the DRT's decree under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

Oriental Bank Of Commerce vs Sunder Lal Jain & Anr · Niyam