SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2006 Supreme(SC) 1296

B.P.SINGH, ALTAMAS KABIR
SOUTHERN PETROCHEMICALS INDUSTRIES CORPN. LTD. – Appellant
Versus
ADMINISTRATOR OF SPECIFIED UNDERTAKING OF UNIT TRUST OF INDIA – Respondent


Judgment

B.P. SINGH, J. - Special leave granted.

2. In this appeal by special leave, the appellant, M/s Southern Petrochemicals Industries Corpn. Ltd. has impugned the judgment and order of the High Court of Judicature at Bombay dated 10 - 8 - 2004 in Writ Petition 9 No. 5758 of 2004 upholding the order passed by the Chairperson of the Debts Recovery Appellate Tribunal in Misc. Appeal No. 132 of 2004. The High Court held that the action brought against the appellant Company by Respondents 1 and 2 herein for recovery of debts due to them, was rightly entertained by the Tribunal constituted under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, which had jurisdiction to h entertain the claim. The objection to the jurisdiction of the Debts Recovery Tribunal was taken at the threshold and, therefore, in this appeal we are not concerned with the merit of the claims of Respondents 1 and 2.

3. The questions which arise for consideration in this appeal are whether Respondents 1 and 2, namely, Administrator of Specified Undertaking of Unit Trust of India and UTI Trustee Company Private Limited are "financial institutions" within the meaning of that term in the Reco









































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top