Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1993 - Recovery 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 Dismissed |
Headnote | Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Recovery proceedings under - Propriety of - Company ordered to be wound up by Company Court - Possession of the assets thereof taken by Official Liquidator - Lender-Bank sought permission of the Company Court by filing application in the pending company petition, to pursue the recovery proceedings against the Company under the 1993 Act - Company court by order dated 10.3.2000 granted the permission subject to the condition that no coercive steps are taken against the assets of the company during or after the conclusion of the proceedings before the Debt Recovery Tribunal - Recovery certificate was issued by the Tribunal - Recovery Officer thereupon proceeded with the sale of the properties of the Company - Objections thereto raised by the Workers ' Union of the Company and by the Official Liquidator were overruled by the Recovery Officer - Jn Writ Petitions challenging recovery proceedings, the High Court asked the writ petitioners to approach the Debt Recovery Tribunal - Recovery Officer sold the property in auction - Company applications were filed challenging the auction sale of the property by Recovery Officer - Ex Director of the Company also filed company application seeking setting aside of the auction sale - The applications were dismissed by the Company Court - The appeal against the order of the company Judge was allowed setting aside the auction sale and confirmation thereof - On appeal, held: The order dated 10.3.2000 passed by the Company Court, was having jurisdiction to pass the same and hence was binding on the Recovery Officer - The condition imposed by the Company Court could not have been violated by the Recovery Officer - Thus the sale made by the Recovery Officer was in violation of the order dated 10.3.2000 - The order is equally binding on the auction-purchaser. Judgment/Order - An order/judgment, until set aside by a competent court, would have the force of law - It is not open to the parties to the lis or third parties to disobey the order/judgment considering it, on their own, as void or non-est. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2016 INSC 489 |
Petitioner | Anita International |
Respondent | Tungabadra Sugar Works Mazdoor Sangh - And Others |
SCR | [2016] 6 S.C.R. 635 |
Judgement Date | 2016-07-04 |
Case Number | 6042-6048 |
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