Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recovery of Debts Due to Banks and Financial Institutions Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Debt Laws: Recovery of Debts Due to Banks and Financial Institutions Act, 1993 : Sections 1(4), 2(9), 17, 18, 31, 31-A and 34.Execution application-Entertaining of-By Debts Recovery Tribunal-Jurisdiction of-Civil Court passed a decree in favour of a Bank for a sum which exceeded the minimum prescribed under S.1(4)-But the decree was not executed till the Debts Recovery Tribunal was established-Held, Tribunal has jurisdiction to entertain the execution application and not the civil court-Further, O.21 R.10 C.P.C. not applicable to such cases-Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000-Code of Civil Procedure, 1908-O.21 R.10.Sections 1(4) and 2(g)-Execution application-Debt due-Recovery of-In excess of minimum prescribed under S.1(4)-Determination of-Held, principal amount together with interest thereon have to be taken into account to determine the minimum prescribed amount-Tribunal gets jurisdiction only if the debt due exceeds the prescribed amount. Words and Phrases : "Debt"-Meaning of-In the context of S.2(9) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. "Proceeding" and "cause of action"-Meaning of-In the context of S.31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. |
Judge | Honble Mr. Justice B.N. Kirpal |
Neutral Citation | 2000 INSC 366 |
Petitioner | Punjab National Bank, Dasuya |
Respondent | Chajju Ram And Ors. |
SCR | [2000] Supp. (2) S.C.R. 84 |
Judgement Date | 2000-08-01 |
Case Number | 4365 |
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