Supreme Court of India

United Bank of India, Calcutta v. Abhijit Tea Co. Pvt. Ltd. and Ors.

Neutral citation

Reported as [2000] SUPP. 3 S.C.R. 153

Bench M. Jagannadha Rao and Doraiswamy Raju JJ.

Decided 5 September 2000

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the principle of purposive interpretation is to be applied to sections 18 and 31 of the Act and that suit 410/1985 filed by the Bank in 1985 and which stood remanded by the appellate C Court on 11.8.98 must in the eye of the law be deemed pending before the Single Judge and that it would stand transferred to the Tribunal.

Judgment, page 13

From the headnote

Recovery of Debts Due to Banks and Financial Institutions Act, 1993: Sections 18, 19, 31 and 34. Bank-Suit against Debtor-company in High Court-Disposed on 29.3.1994 by single Judge-Appeal-Disposed by Division Bench on 11. 8. I 998-Consequently suit remanded to single Judge-Enforcement of 1993 Act w.e.f 27.4. 1994 i.e. during pendency of appeal-Jurisdiction of Court-Held ousted-Held suit was pending on the date of commencement of .ct-1'herefore liable lo be transfe"ed I<> the Tribunal under the 1993 Act. V Debtor company-Suit fikd against banlc-Suit in the nature of a counter-c/aim:-Issues in

Where later benches applied it

2023 Prasanta Kumar Sahoo & Ors. v. Charulata Sahu & Ors. referred to
2023 Shivshankara & Anr v. H.P. Vedavyasa Char referred to
2020 Vineeta Sharma v. Rakesh Sharma & Ors. referred to
2019 K. Sashidhar v. Indian Overseas Bank & Ors. referred to
2014 Bank of Rajasthan Ltd. v. Vck Shares & Stock Broking Services Ltd. referred to

Of those, 5 referred to

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.