Supreme Court of India

Nahar Industrial Enterprises Ltd. v. Hong Kong & Shanghai Banking Corporation

Neutral citation

Reported as [2009] 12 S.C.R. 54

Bench S.B. Sinha J.

Decided 29 July 2009

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.

6 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, we are of the opinion that the decisions of this Court laying down the principles of purposive interpretation, whereupon strong reliance has been placed by Mr.

Judgment, page 65

From the headnote

RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993/CODE OF CIVIL c PROCEDURE, 1908: SECTIONS 17, 18, 19, 22, 25, 31/SECTIONS 3, 4, 5, 9, 16, 17, 18, 19, 20, 96, 100, 151, 195 AND ORDER XL/ RULES 1, 5. Suit - Whether High Court/Supreme Court has the power to transfer a suit pending in Civil Court situated in one state to a Debt Recovery Tribunal. T Held: The very fact that a legal fiction has been created and the Tribunal or the Appellate Tribunal deemed to be a Civil Court for purposes of Section 195 and Chapter XXVI of CPC, itself suggests that Parliament did not intend to

Authorities it was built on

1991 Kihoto Hollohan v. Zachillhu and Others cited by 59
1957 Garikapatti Veeraya v. N. Subbiah Choudhury cited by 54
1968 Dhulabhai and Others v. The State of Madhya Pradesh and Another cited by 21
2006 Raghunath Rai Bareja and Anr. v. Punjab National Bank and Ors. cited by 15
2007 Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. and Anr. cited by 15
1958 N. T. Veluswami Thevar v. G. Raja Nainar and Others cited by 14
2003 Ramesh Chand Ardawatiya v. Anil Panjwani cited by 11
2003 Sahebgouda (dead) by Lrs. and Ors. v. Ogeppa and Ors. cited by 9
1999 The Industrial Credit and Investment Corporation of India Ltd. v. Grapco Industries Ltd. and Ors. cited by 7
2008 Durgesh Sharma v. Jayshree cited by 5

Where later benches applied it

2009 Malay Kumar Ganguly v. Dr. Sukumar Mukherjee and Others relied on
2020 Navin Chandra Dhoundiyal v. State of Uttarakhand and Ors. referred to
2019 Madhav Prasad Aggarwal & Anr. v. Axis Bank Ltd. & Anr. referred to
2015 Baleshwar Dayal Jaiswal v. Bank of India & Ors. referred to
2013 Jagdish Singh v. Heeralal and Others referred to
2013 Bank of Maharashtra v. Pandurang Keshav Gorwardkar & Ors mentioned

Of those, 1 relied on · 4 referred to · 1 mentioned

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