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1 - 10 of 10 (0.21 seconds)The Code of Civil Procedure, 1908
Nahar Industrial Enterprises Ltd vs Hongkong & Shanghai Banking Corp on 29 July, 2009
The language of Section 34 starts with a non obstante
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clause with regard to applicability of other laws. The aforementioned
provision has been interpreted by the Hon'ble Supreme Court in
Nahar Industrial Enterprises Ltd. Vs. Hong Kong & Shanghai
Banking Corporation 2011 (7) RCR (Civil) 95 wherein in respect of
the claims laid by the financial institution, the question arose as to
whether a person can be permitted to take up plea of counter-plea and
in such situation, the DRT would have jurisdiction to adjudicate, it
was held that it would be in the domain of the Civil Court. I cannot
remain oblivious of fact that the aforementioned judgment has been
referred to the Larger Bench, which is pending adjudication.
Section 34 in The Code of Civil Procedure, 1908 [Entire Act]
The Recovery Of Debts Due To Banks And Financial Institutions Act, 1993
Section 17 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Jagdish Singh vs Heeralal & Ors on 30 October, 2013
In this regard,
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he has relied upon the judgment rendered by the Hon'ble Supreme
Court in Jagdish Singh Vs. Heeralal and others (2014) 1 SCC 479
unreported judgment of Delhi High Court in Oriental Bank of
Commerce Vs. Harminder Singh and others passed on 21.07.2017
wherein the plaintiff had sought protection from dispossession at the
hands of financial institution i.e. Oriental Bank of Commerce.
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
Oriental Bank Of Commerce vs Harminder Singh & Ors. on 6 December, 2017
In this regard,
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he has relied upon the judgment rendered by the Hon'ble Supreme
Court in Jagdish Singh Vs. Heeralal and others (2014) 1 SCC 479
unreported judgment of Delhi High Court in Oriental Bank of
Commerce Vs. Harminder Singh and others passed on 21.07.2017
wherein the plaintiff had sought protection from dispossession at the
hands of financial institution i.e. Oriental Bank of Commerce.
Indiabulls Housing Finance Ltd. vs Ravinder Kaur on 6 August, 2018
Be that as it may, suit of the respondent-plaintiff cannot
be thrown out, in view of the purported defence of the petitioner-
defendant as per the ratio decidendi culled out in Mardia Chemicals
Ltd.' case (supra). However, this would not preclude the petitioner-
Financial Institution to raise all possible pleas available and prove the
same in accordance with law.
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