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

2008 Supreme(Bom) 891

R.M.S.KHANDEPARKAR, P.B.MAJMUDAR
HDFC Bank Ltd. – Appellant
Versus
Kishore K. Mehta – Respondent


Advocates Appeared:
Sri Kishore Jain with Sarvasri Mihir Mody and Pushkar Bavare, instructed by K. Ashar & Company, for the appellant.
Sri V.R. Dhond with Sri T.N. Tripathi and Ms. Sapana Ranchure, instructed by Sri T.N. Tripathi for the respondent.
Ms. Rajani Iyer, Senior Advocate, with Sri Kishore Jain, instructed by Sri
Tushar Goradia and Ms. Nisha Parmar, for the appellant.
Sri J.P. Sen with Ms. Pratibha Mehta, instructed by M/s. Little & Company, for the respondents.

JUDGMENT: (Per Sri R.M.S. Khandeparkar, J.)

1. We have heard at length the learned counsel for the appellants and the respondents. Admit. Learned counsel appearing for respective respondents waive service. By consent, heard forthwith.

2. Since common questions of law and facts arise in both these appeals, they were heard together and are being disposed of by this common judgment.

3. The short but very important point which arises for consideration in both these appeals is whether an insolvency notice can be issued under Section 9 (2) of the Presidency-Towns Insolvency Act, 1909, hereinafter called as “the Insolvency Act”, on the basis of a recovery certificate issued under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1994, hereinafter called as “the RD Act”.

4. As a prelude to the above point for consideration, it would be necessary to ascertain the meaning of “decree or order “ under Section 9 (2) of the Insolvency Act as well as that of the expression “of any Court” under Section 9 (1) (e) of the Insolvency Act. It would be also necessary to know whether the Tribunal constituted under the RD Act is the Court within the meaning of the said e


















































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