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

1998 Supreme(Cal) 192

BIJITENDRA MOHAN MITRA
HINDUSTAN LAMINATORS PVT. LTD. – Appellant
Versus
CENTRAL BANK OF INDIA – Respondent


Advocates Appeared:
ALOKE GHOSH, AMALENDU MITRA, AMIYA MUKHERJI, ANITA MUKHERJI, ASHOK BANERJEE, BUDDHADEB GHOSAL, CHINMOY MAHANTA, D.Adhikary, DOLA BASU, G.K.BASU, Ganesh Srivastava, JIVAN RATAN CHATTERJI, JOY SAHA, JOYDEB CHANDRA SAHA, KASHI KANTA MAITRA, NIRMALENDU GANGULY, P.N.CHATTERJI, PRADIP TIVARI, R.S.TIVARI, RABINDRA NATH PAL, S.K.LAIK, SAPTANGSU BASU, SHAKTIPADA MUKHERJI, SHIBDAS BANERJI, SUBRATA ROY, SVAPAN KAR, TAPAN SIL, U.S.MENON, U.SEN

BIJITENDRA MOHAN MITRA, J.


( 1 ) THE common point of controversy which requires the considered scrutiny of this Court and the petitioners in all the pending petitions under Article 227 of the Constitution of India have joined in chorus in contending that the statutory forum created under Section 3 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (Act No. 51 of 1993) does not have the jurisdiction to entertain prayers for mortgage in a substantive petition under Section 19 of the said Act. The Debt Recovery Tribunal as 1 constituted under Section 3 of the connected Act is conferred with jurisdiction in terms of Section 19 to entertain and decide applications of the Banks and the Financial Institutions. The said Tribunal is authorised to have assumed jurisdiction from the appointed day when the connected Act has come into force with regard to initiation of any proceeding for recovery of debts due to Banks and Financial Institutions and the said proceeding is required to be initiated in terms of the provisions under Section 19 of the Act. All applications which have been filed on or after the appointed day as mentioned in the Act, the Tribunal is conferred wi




























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