Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2(g) 18 and 31 1993: Sections 17(1) The Recovery of Debts Due to Banks and Financial Institutions Act 3(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | The Recovery of Debts Due to Banks and Financial Institutions Act, 1993: Sections 17(1), 3(1), 2(g), 18 and 31 - Jurisdiction of Debts Recovery Tribunal - Claims of Banks and Financial Institutions - Held, the entire averments in the plaint should be examined to find out whether the claims are such that it is possible to oust the jurisdiction of the tribunals - Expression 'debt' has to be given the widest amplitude and objects of the Act have to be taken into consideration to interpret the provisions of the Act - Hence, suit filed by the appellant -bank for recovery of debt from one of the several defendants and for certain ancillary and incidental reliefs against other defendants - Held, DRT had exclusive jurisdiction to try the suit - Civil Procedure Code, 1908, Section 9. Prime object of the Act - Held, is the establishment of Tribunal for expeditious adjudication and recovery of debts due to the banks and financial institutions and for matter connected therewith or incidental thereto. Words and phrases - Word "debt" - Meaning of - In the context of the Recovery of Debts Due to Banks and Financial Institutions Act. 1993. Interpretation of statutes - External Aids - Dictionary meaning - Not necessary when the term is already defined in the statute. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1999 INSC 167 |
Petitioner | United Bank Of India |
Respondent | The Debts Recovery Tribunal And Ors. |
SCR | [1999] 2 S.C.R. 496 |
Judgement Date | 1999-04-08 |
Case Number | 2161 |
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