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 Bank and Financial Institutions Act 1993- Section 34(2 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Recovery of Debts due to Bank and Financial Institutions Act, 1993- C Section 34(2)-Uttar Pradesh Public Monies (Recovery of Dues) Act, I972- Recovery proceedings by financial Corporation under U.P. Act in view of Section 34(2)-Maintainability of-Held, recovery proceedings under U.P Act is not permissible since Section 34 confers overriding effect vis-a-vis other statutes and proceedings under U.P. Act are not the exceptions to such overriding effect-Further the U.P. Act deals with separate modes of recovery and such proceedings are not relatable to proceedings under the Financial Act. Interpretation of Statutes-Legislative intent-language of the statute is the determinative factor-Intention is found in the words used by legislature itself-If statutory provision is plain and unambiguous Court cannot read anything into it. Principle of construction-Causus omissus and reading statute as whole-Discussed. Respondent-Corporation initiated recovery proceedings under the Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972 against appellants. Appellant challenged the same on the ground that after the enactment of the Recovery of Debts due to Bank and Financial Institutions Act, 1993 (the Act), the proceedings were not maintainable. High Court ยทยท held that the choice was left open to Financial Corporation to proceed G under the D.R.T. Act or under the other modes of recovering the debts i.e. it could proceed under the provisions of the U.P. Act. Hence the present appeal. Appellant contended that Section 34 of the Act confers overriding effect vis-a-vis other statutes; that the only exceptions to such overriding effect are enumerated in sub-section (2), which does not encompass the A proceedings under U.P. Act; and that the action permissible so far as Financial Act is concerned can be spelt out from Section 32(G) of the Financial Act. Respondents contended that under the U.P. Act, there is no question of any adjudication of dues payable and once there is default, there is statutory empowerment to issue a certificate for recovery; that the procedure is not in conflict with any proceeding that can be taken under the Act; that the statutory intention for enactment of the Act was to do away with the cumbersome procedure involved for recovery and the provisions are not inconsistent with any provision of the U.P. Act, which C in terms of Section 3(3) prohibits institution of a case for recovery of the sums due, therefore, High Court was justified in its conclusion; and that in any event, the procedures under the Act are in pari materia with those which can be taken under the Financial Act so such a prescription has to be read into Section 34(2) of the Act by application of the principle known as causus omissus and deficiency, if any, can be reconciled by purposive interpretation by reading the said statute as a whole, and finding out the true legislative intent. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2002 INSC 574 |
Petitioner | M/s. Unique Butyle Tube Industries Pvt. Ltd. |
Respondent | U.p. Financial Corporation And Ors. |
SCR | [2002] Supp. (5) S.C.R. 666 |
Judgement Date | 2002-12-20 |
Case Number | 8624 |
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