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2001 Supreme(Bom) 56

B.N.SRIKRISHNA, S.D.GUNDEWAR
Bank of Tokyo-Mitsubishi Ltd. . & others – Appellant
Versus
Chembra Estates & others & Court Receiver, High Court Bombay – Respondent


JUDGMENT - B.N. SRIKRISHNA, J.:---This reference to a larger Bench has been made to resolve the conflict of opinion between two learned Single Judges of this Court in a matter arising under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The facts pertaining to the Chamber Summons are not very material for the determination of the controversy before us. However, in order to understand the controversy, we have formulated the following issues, on which there appears to be conflict, and which need resolution :---

"(a) Whether this Court would continue to have jurisdiction to issue directions to the Court Receiver, High Court, Bombay, after the coming into force of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, even in cases where the Court Receiver, High Court, was appointed as Receiver in Suits falling within the purview of section 17 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ?

(b) Whether, in such matters, Court Receiver, High Court, Bombay would continue to act as Court Receiver and, if so, from whom should the Court Receiver seek directions with regard to the discharge of his/her duties ?

(c) Neces




































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