Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1993 Recovery of Debts due to Banks and Financial Institutions Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Recovery of Debts due to Banks and Financial Institutions Act, 1993: s.22(2)(g) - Recovery suit - Service of summons -Appearance of defendants through Advocate and also filing of written statement and application raising preliminary objection as to maintainability of suit against them - Transfer of suit to DRT - Non-appearance of defendants before DRT- Ex parte decree - Application seeking setting aside of ex parte decree on ground that summonses were not issued -Dismissal of, by DRT, DRAT, High Court - Correctness of - Held: Correct, as defendants suppressed the fact of having appeared in the civil suit - Defendants had knowledge of proceedings and it was obligatory on them to have appeared before DRT and answered plaintiff's claim - Apart from suppression of fact, even on legal ground, it was not obligatory to serve notice on them once again - Code of Civil Procedure,1908 - O.9, r.13 - Constitution of India, 1950 - Article 136. s.22(2)(g) - Powers of DRT and DRAT - Held: DRT and DRAT for the purpose of discharging their functions under the Act, have the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908. Code of Civil Procedure, 1908: O.5 - Service of summons by publication - Summons published in a daily newspaper having wide circulation in the locality- Plea of defendant that he was not aware of publication in newspaper as he was not reading the said newspaper - Tenability of - Held: Not tenable. O.9 r.13 - Expression 'duly served' - Connotation of. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2008 INSC 21 |
Petitioner | Sunil Poddar And Ors. |
Respondent | Union Bank Of India |
SCR | [2008] 1 S.C.R. 261 |
Judgement Date | 2008-01-08 |
Case Number | 86 |
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