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Documents citing Risk Capital & Technology Finance ... vs Harnath Singh Bapna And Others on 14 January, 1997

Assam Leather Industry vs Union Of India (Uoi) And Ors. on 16 August, 1999

70. There is no direct case decided by the Hon'ble Supreme Court interpreting the words "other proceedings" as far as the petitioners know. In Civil Rule No. 363 of 1998 wherein the execution proceeding was transferred from civil courts, the petitioner challenged the said transfer on the ground that "other proceeding" does- not mean the execution proceeding. However, the Tribunal relied on the decision in Risk Capital and Technology Finance Corporation Ltd. v. Harnath Singh Bapna [1997] 89 Comp Cas 277 ; AIR 1997 Delhi 239 and rejected the contention of the petitioner. A close and careful perusal of the aforesaid decision shows that in the above referred case the Delhi High Court interpreted the words "other proceeding" in the context of an application for setting aside an ex parte decree. The analogy of the aforesaid case cannot be relied on to interpret "other proceeding" to include execution proceeding also. Though there is no direct decision in this respect the following decision may be of little assistance to interpret "other proceeding".
Gauhati High Court Cites 146 - Cited by 0 - Full Document

Ram Laxman Glass (P) Ltd. And Ors. vs State Of Bihar And Ors. on 7 February, 2000

The view I have taken is entirely supported by the judgment of a learned single Judge of the Delhi High Court, reported in AIR 1997 Delhi 239 (Risk Capital and Technology Finance Corporation Ltd. v. Harnath Singh Bapna). Paragraph 9 of the judgment is relevantin the present context, and is set out hereinbelow for the faciltty of quick reference ;
Patna High Court Cites 32 - Cited by 4 - S K Katriar - Full Document

Bank Of India vs Luk Auto Ancillary (India) Ltd. & Ors. on 19 May, 2000

The question whether the proceedings under Order 9 Rule 13 CPC are also proceedings within the meaning of Section 31 of this Act, has been considered by this Court in Risk Capital & Technology Finance Corporation Ltd. Vs. Harnath Singh Bapna and Others and after considering the object and scheme of the Act it was held by this Court that the term 'proceeding' is of very wide connotation and includes an application under Order 9 Rule 13 CPC within the meaning of Section 31 of the Act. No judgment to the contrary has been brought to my notice. In view of this judgment the two proceedings under Order 9, Rule 13 CPC pending in this Court at the instance of defendants No. 2 and 3 are liable to be transferred to the Tribunal and this Court cannot proceed with the same.
Delhi High Court Cites 22 - Cited by 0 - J B Goel - Full Document

Ch. Ranganath Raju vs Bank Of India And Ors. on 13 November, 2006

19. Reliance in this connection may be placed on the decision of the Delhi High Court in the case of Risk Capital and Technology Finance Corporation Ltd. v. Harnath Singh Bapna . In that case, the learned Judge held that the terms "other proceeding" in Section 31 of the Act would include an application for setting aside ex parte decree and such an application would get transferred to the Tribunal in view of the provisions of Section 31 of the RDB Act.
Orissa High Court Cites 30 - Cited by 1 - I Mahanty - Full Document

V.K. Thyagarajan vs Syndicate Bank And Ors. on 2 August, 1999

18. The Delhi High Court had occasion to consider a similar question under the very same Act which we are dealing with in this case, namely, the Recovery of Debts Due to Banks and Financial Institutions Act, and the decision rendered therein has been reported as short notes in Risk Capital and Technology Finance Corporation Ltd. v. Harnath Singh Bapna [1997] 89 Comp Cas 277 (Delhi) ; [1997] 2 KLT 64. It reads thus (page 282 of 89 Comp Cas) :
Madras High Court Cites 26 - Cited by 0 - Full Document
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