Supreme Court of India
Raghunath Rai Bareja and Anr. v. Punjab National Bank and Ors.
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.
15 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, we are clearly of the opinion that the recovery in question is time-barred and it is hereby quashed.
Judgment, page 21
From the headnote
Recovery of Debts Due to Banks and Financial Institutions Act, 1993- ss. 17, 18, 24, 31 and 34-Execution petition pending before High Court Transfer to Debts Recovery Tribunal-Exercising its jurisdiction under inherent powers-Property of-Held: Transfer of execution petition to Debts Recovery Tribunai was illegal, without jurisdiction and beyond the scope of Section 31 of the Act-There are no such inherent powers of the Court apart from Section 31 for transferring the execution proceedings to the Tribunal-Court cannot transfer the proceeding even under Section 446 of Companies Act as the same
Authorities it was built on
- 2002 Union of India v. Hansoli Devi & Ors.
- 1950 Commissioner of Agricultural Income-tax, Bengal v. Sri Keshab Chandra Mandal
- 2002 Bhaiji v. Sub Divisional Officer, Thandla and Ors.
- 2002 Ombalika Das and Anr. v. Hulisa Shaw
- 2002 Jinia Keotin and Ors. v. Kumar Sitaram Manjhi and Ors.
- 1991 Administrator, Municipal Corporation, Bilaspur v. Dattatraya Dahankar, Advocate and Anr.
Where later benches applied it
- 2021 National Spot Exchange Limited v. Mr. Anil Kohli, Resolution Professional for Dunar Foods Limited
- 2011 State of Uttarakhand & Anr. v. Archanan Shukla & Ors.
- 2020 Canara Bank v. M/s United India Insurance Co. Ltd. & Ors.
- 2017 Macquarie Bank Limited v. Shilpi Cable Technologies Ltd.
- 2017 Dushyant N. Dalal and Another v. Securities and Exchange Board of India
- 2017 Excel Crop Care Limited v. Competition Commission of India and Another
- 2013 Mrs. Sarah Mathew v. The Institute of Cardiovascular Diseases by its Director - Dr. K.M. Cherian & Ors.
- 2024 Just Rights for Children Alliance & Anr. v. S. Harish & Ors.
- 2024 Authorised Officer, Central Bank of India v. Shanmugavelu
- 2023 Celir Llp v. Bafna Motors (mumbai) Pvt. Ltd. & Ors.
- 2017 T. Ravi & Anr. v. B. Chinna Narasimha & Ors. Etc.
- 2014 Harshad Govardhan Sondagar v. International Assets Reconstruction Co. Ltd.
- 2010 M/s. Mandvi Co-op Bank Ltd. v. Nimesh B. Thakore
- 2009 Nahar Industrial Enterprises Ltd. v. Hong Kong & Shanghai Banking Corporation
- 2007 Rosaliv. v. Taico Bank and Ors.
Of those, 2 relied on · 5 referred to · 8 mentioned
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