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september 2008

Supreme Court of India · 2008-09-16

MARIAMMA ROY vs INDIAN BANK .

Citation / case number
SC 2006/32964
Court
Supreme Court of India
Petitioner
MARIAMMA ROY
Respondent
INDIAN BANK .
Author
TARUN CHATTERJEE,AFTAB ALAM, , ,
Bench
TARUN CHATTERJEE,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court set aside the High Court's dismissal of W.P.(C) No. 22642 of 2006, which was based solely on the availability of an alternative remedy under the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Court emphasized that the principle of natural justice must be adhered to, and since the appellant was not issued any notice prior to the impugned order, the dismissal was unjustified. The matter was remitted back to the High Court for a decision on merits, with all questions left open for consideration.

MARIAMMA ROY vs INDIAN BANK . · Niyam