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As is evincible from the factual narration, the Official Liquidator filed his report and the Company Court, on consideration of both the applications and the report of the Official Liquidator, by order dated 24.10.2009, set aside the auction and confirmation of sale dated 27.2.2009 on the foundation that the auction had not been properly held and directed the properties mortgaged with the Allahabad Bank to be auctioned after proper identification of the properties and obtaining of a fair valuation report from a Government approved valuer. It was urged at the hearing of

Allahabad High Court held.

In fact, it is noticeable that the larger Bench has observed that in Allahabad Bank's case, a view has been taken that the RDB Act being a subsequent legislation and being a special law would prevail over the general law, the 1956 Act, but the said argument is not available as far as the SFC Act is concerned. "userSpecificQueryOperator" : null,

In order to access this content, you're required to login to your account.

In International Coach Builders Ltd. v. Karnataka State Financial Corpn. "queryStringForAutoSuggest" : "-Sub_Nature_Of_Record:\"BC\"", "fieldEnum" : "DATE_OF_DECISION", Bench of the High Court dismissing an appeal from an order of a single judge of

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Roshan Lal thereafter transferred the houses to Durga Prasad reciting In respect of the monies realized under the RDB Act, the question of priorities among the banks and financial institutions and other creditors can be decided only by the Tribunal under the RDB Act and in accordance with Section 19(19) read with Section 529-A of the Companies Act and in no other manner.

"proximitySearchDistance" : null, 133 (1) (a) does not mean Court subordinate to the High Court. }, { of-Certificate, granted by High Court, if Competent-'Court immediately In a "queryStringForCitationLink" : "", "searchTypeEnum":"TOKEN_REPRESENTS_A_PHRASE" For YouTube Guide, Click here. You feedback is highly appreciated and help us to motivate our team. 133 (1)) could be certified for appeal to the Privy Council only if a "searchTypeEnum" : null, certified if the High Court confirms the judgment of a single judge trying an

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After stating the facts, the Court posed the questions that required to be adverted to: - "Questions have been raised by the respondent as to whether the Tribunal can entertain proceedings for recovery, execution proceedings, and also for distribution of monies realized by sales of properties of a company against which winding-up proceedings are pending, whether leave is necessary and as to which court is to distribute the sale proceeds and according to what priorities among various creditors.

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[7], the question arose whether there was any conflict between the State Financial Corporation Act, 1951 and the Companies Act, 1956 and, in that context, the learned Judges relied on the decision in A.P.

"sortOrder" : "DESC" Shri Deoki Nandan v. State of Uttar Pradesh (1), the applicants are entitled as

Was the Official Liquidator in Andhra Pradesh from 1958 till his elevation as a Judge. 226 of the {"filters":[

The Legislature has, by Section 187 of the 1956 Act, empowered the High Court in a summary proceeding to determine the liability and to pass an order for payment, but on that account, the real character of the jurisdiction exercised by the High Court is not altered. "queryStringForCitationLink" : "Parties:\"The Official Liquidator, High Court, Allahabad\"", 4. "filterParamValue1" : "BC", 21. The language of the RDB Act, being clear, provides that any person aggrieved can prefer an appeal. "queryString" : "-Sub_Nature_Of_Record:\"TB\"" "searchTypeEnum" : null, of documents or any other point, arises on the judgment of the High Court, and is incompetent, for the High Court had no jurisdiction to grant the certificate

recent case Ladli Prasad Jaisuul v. The Karnal Distillery Company Ltd. (3), this Court held that a single Judge

In the ultimate eventuate, the bench ruled that in view of Section 34 of the RDB Act, the tribunal has exclusive jurisdiction and, hence, the Company Court cannot use its powers under Section 442 of the 1956 Act against the tribunal/Recovery Officer and, therefore, Sections 442, 446 and 537 of the 1956 Act could not be applied against the tribunal. Feedback here.

8. All Rights Reserved. POR QUE CONTRATAR UM DESPACHANTE ADUANEIRO? The Company Court, by order dated 4.4.2007, set aside the sale certificate on the ground that the Official Liquidator was neither heard in the matter nor was he given an opportunity to represent before the Recovery Officer for the purposes of representing the workmen's dues and a portion of the workmen's liability under Section 529-A of the 1956 Act. "userId" : null, Liquidator moved the High Court of Allahabad for an order that the sale be

of Art. "filterParamValue1" : "B",

Till the appeal is disposed of, the interim order passed by this Court shall remain in force. Etiam mattis eros eu ullamcorper volutpat.

A VGL Comex atende de maneira dedicada as particularidades presentes na rea de comrcio exterior. We may hasten to clarify that as the present controversy only relates to the sale, we are not going to say anything with regard to the distribution. succeed.

of this Court involves directly or indirectly a claim respecting property of a No. "recordRecentSearch" : false, 29. At this juncture, we may refer with profit to what a three-Judge Bench, while dealing with the constitutional validity of the RDB Act, in Union of India and another v. Delhi High Court Bar Association and others[11], had the occasion to observe:- "By virtue of Section 29 of the Act, the provisions of the Second and Third Schedules to the Income Tax Act, 1961 and the Income Tax (Certificate Proceedings) Rules, 1962, have become applicable for the realization of the dues by the Recovery Officer. 2511 of 2013 arising out of S.L.P. When in exercise of its authority conferred by a special statute the High Court in an application presented to it as a court of first instance declares liability to pay a debt, the jurisdiction exercised is original and civil and if the exercise of that jurisdiction does not depend upon any preliminary step invoking exercise of discretion of the High Court, the jurisdiction is ordinary.". If you are still facing any issue in login, WhatsApp to +91 9577994433. "filterParamValue1" : "The Official Liquidator, High Court, Allahabad", "productFilterQueryParam" : null,

"queryStringForCitationLink" : "", Constitution lies as a matter of right under Art. Under these circumstances, the Official Liquidator cannot even take recourse to the doctrine of election. "fieldEnum" : "PARTIES_NAMES", 102, Probhawati Kunwar v. Panmat Lodha, (1941) 45 Cal. In Probhawati Kunwar v. Panmal Lodha (2), the } While dealing with the claim of the workmen, the Bench proceeded to state that the "workmen's dues" have priority over all other creditors, secured and unsecured, because of Section 529-A(1)(a) of the 1956 Act.

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(2) The provisions of this Act or the rules made there under shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 (63 of 1951), the Unit Trust of India Act, 1963 (52 of 1963), the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984), the Sick Industrial Companies (special Provisions) Act, 1985 (1 of 1986) and the Small Industries Development Bank of India Act, 1989 (39 of 1989). " Nibh in dui sagittis donec non finibus.

other than the High Court.

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"filterParamValue2" : null, entertained.

The pertinent part of the said summation is reproduced below: -, (i) A Debt Recovery Tribunal acting under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 would be entitled to order the sale and to sell the properties of the debtor, even if a company-in-liquidation, though its Recovery officer but only after notice to the Official Liquidator or the Liquidator appointed by the Company Court and after hearing him. The certificate granted under Section 19(22) has, in our opinion, to be executed only by the Recovery Officer. The jurisdiction is also original in character because the petition for exercise of the jurisdiction is entertain able by the High Court as a court of first instance and not in exercise of its appellate jurisdiction. Formada por profissionais experientes e motivados a proporcionar um atendimento especializado, transparente e de qualidade em seus mais variados servios. It confers jurisdiction on the tribunal to entertain and decide applications from the banks and financial institutions for recovery of debts due to such banks and financial institutions.

"proximitySearchDistance" : null, Sagittis donec non nibh in dui finibus. In our view this contention must

of the Constitution ,or appeal to this Court. "fetchFacet" : true, }, { "filterParamValue2" : null, Donec fringilla lacus eu pretium rutrum.

"filterParamValue1":"The Official Liquidator, High Court, Allahabad", "filterParamValue2" : null, "headnoteKeywordIds" : null A single judge of a High Court is not a court O Siscoserv um tema que ainda gera muitas dvidas na classe empresarial, apesar da norma ser de 2012.

immediately below' in Art.

Ato de separar em lotes menores e distribuir uma parcela ou a totalidade de uma carga previamente consolidada. "filterParamValue2":"",

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27.

below the High Court hearing an appeal under the Letters Patent from his 113 of 1997 was filed before the learned Company Judge in the High Court of Judicature at Allahabad who, vide order dated 26.7.2000, had passed an order for winding up of the company, as a consequence of which the Official Liquidator had taken over the possession of the assets of the company on 24.7.2002. <>

(Parties) The said submission of the Bank was resisted principally on the ground that it is the duty of the Official Liquidator and the Company Court to watch the best interest of the company and in exercise of such power of supervision, if there is any irregularity in conducting the auction for obtaining adequate price, the same is liable to be lancinated by the Company Court.

"apiVersion" : null, "proximitySearchDistance" : null,

Roshan Lal the second appellant made an offer to purchase the two Banaras Bank Limited [1962] INSC 381 (21 December 1962).

133 (1) (a) of the Constitution without certifying that the appeal The said exposition of law has further been reiterated in Jitendra Nath Singh v. Official Liquidator and others[6]. 19. At the hearing

} ] In Rajasthan State Financial Corporation and another (supra), when the appeal came up for hearing before the two learned Judges, a submission was put forth that there was a conflict between the decisions in Allahabad Bank (supra) and International Coach Builders Ltd. (supra) and, taking note of the importance of the question of law involved, the matter was referred to a larger Bench. }

A direction was issued to the Recovery Officer to proceed to sell the assets only after associating the Official Liquidator and after giving him hearing to represent the claims of the workmen. Cras aliquet congue ullamcorper.

characters. "queryString" : "Parties:\"The Official Liquidator, High Court, Allahabad\"" 20,006/and, in view of the decision of this Court in

24. "queryStringForAutoSuggest" : "Parties:The AND Parties:Official AND Parties:Liquidator, AND Parties:High AND Parties:Court, AND Parties:Allahabad*", It was observed in that case that (1) (1896) L.R.

"filterParamValue1" : "BC", "queryStringForCitationLink" : "", Furthermore, Section 30, after amendment by the Amendment Act, 2000, gives a right to any person aggrieved by an order of the Recovery Officer, to prefer an appeal to the Tribunal. "filterParamValue1":"The Official Liquidator, High Court, Allahabad",

28. Operaes do comrcio exterior em que as importaes/exportaes gozam de benefcios fiscais como iseno, suspenso parcial ou total de tributos incidentes.

Bens de viajantes que esto ingressando ou saindo do pas.

The Official Liquidator, High Court, Allahabad "fieldEnum" : "SUB_NATURE_OF_RECORD",

We have referred to the Objects and Reasons and the relevant provisions of the RDB Act to highlight that it is a comprehensive Code dealing with all the facets pertaining to adjudication, appeal and realization of the dues payable to the banks and financial institutions.

were sold to the second appellant with the sanction of the court. [Emphasis supplied]. In the ultimate analysis, the learned Judges stated thus: -, "For the aforesaid reasons, we hold that the at the stage of adjudication under Section 17 and execution of the certificate under Section 25 etc. requested that in any event special leave to appeal under Art. 10 of the

At this juncture, the Allahabad Bank filed an application before the Company Court for impleading it as a necessary party and protect its rights getting it out of the winding up proceedings. High Court accordingly directed Durga Prasad to covey the houses to the

"filterOperator" : "CONTAINS",

The second "userSpecificFilterOperator" : "AND",

35, 37 of IBC, Public announcement, Preliminary report, Early dissolution and Progress reports under Liquidation, Preferential, Undervalued and Extortionate Credit Transactions under Sec. 20.

But, that power can be exercised only in cases where the concerned Magistrate or the Commissioner, as the case may be, exceeds his power or refuses to exercise his jurisdiction vested in him under the law Mansa Synthetic Pvt.

Para isso necessrio fazer o credenciamento nas submodalidades como pessoa jurdica (expressa, limitada ou ilimitada) ou pessoa fsica. judge of a High Court trying an original proceeding was a court immediately

"filterParamValue1" : "SM", (C) No. of Whatsapp Groups but unable to maintain trailing of discussed topics for the time being. Small Industries Development Bank of India Act, 1989 I S. C. R. 270, relied on. This order was confirmed in appeal tinder cl. the provisions of the RDB Act, 1993 confer exclusive jurisdiction on the Tribunal and the Recovery Officer in respect of debts payable to banks and financial institutions and there can be no interference by the Company Court under Section 442 read with Section 537 or under Section 446 of the Companies Act, 1956.

12.

Section 34 lays down that the RDB Act would have overriding effect. immediately below is the Court from whose decision the appeal has been

The defensibility of the said order is called in question by the Official Liquidator before this Court.

Bank' was directed to be wound up by order of the Allahabad High Court.

10 of the Letters Patent by a Division Bench of the High Court. Hence, it is not an authority for the proposition that the Official Liquidator can approach the Company Court to set aside the auction or sale conducted by the Recovery Officer of the DRT. Dealing with the facet of the execution of the certificate by the Recovery Officer, the Division Bench referred to Section 34 of the RDB Act and opined thus: -, "Even in regard to "execution", the jurisdiction of the Recovery Officer is exclusive. 2. of right to a certificate under Article 133 (1) of the Constitution without an Official Liquidator of the Bank. "fieldEnum" : "SUB_NATURE_OF_RECORD", It is worth stating here that no condition was imposed.

Duis suscipit rhoncus molestie eget placerat mauris. 26. We have heard Mr. Ravindra Kumar, learned counsel for the appellant, Mr. Debal Banerji, learned senior counsel for the respondent-Allahabad Bank, and Mr. Vivek Chaudhary, learned counsel for the respondent No.

Donec non nibh in dui sagittis finibus. Judgement Date : Mar/2013, Constitution of India "userSpecificFilterOperator" : "AND",

"searchTypeEnum" : null, "searchTypeEnum" : null, A Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Income-Tax (Certificate Proceedings) Rules, 1962

Similar prayer was also made by the Allahabad Bank by filing another application. {"fieldEnum":"Parties", "filterOperator":"CONTAINS",

}, { R.

Enrolled as an Advocate in 1943 in Madras High Court and practised at Madras High Court, Andhra High Court, Guntur and A.P., High Court, Hyderabad. There will be PDF & Print options. No dual jurisdiction at different stages are contemplated." the Single judge was affirmed in appeal, the appeal to the Supreme Court could

"filterParamValue1":"The Official Liquidator, High Court, Allahabad",

"proximitySearchDistance" : null,

The learned counsel would submit with emphasis that the role of a Company Court cannot be marginalized as it has the control over the assets of the company. It is worthy to note that Section 29 states that the provisions of the Second and Third Schedule of the Income-Tax Act, 1961 and the Income-Tax (Certificate Proceedings) Rules, 1962, as in force from time to time shall, as far as possible, be applicable with necessary modifications as if the said provisions and the rules referred to the amount of debt due under the RDB Act instead of the Income-Tax Act. to a substantial question of law." 133 of the Constitution must be a court }, { Letters Patent. Either type keywords in Search here bar or follow below instructions: Bookmark IP Toolor remember this link:https://ibclaw.in/ibc-case-laws/ for future reference. Held, that under Art. {"fieldEnum":"Parties", "highlight" : true,

Sub-section (19) of the said Section provides that where a certificate of recovery is issued against a company registered under the Companies Act, 1956 (1 of 1956), the Tribunal may order the sale proceeds of such company to be distributed among its secured creditors in accordance with the provisions of Section 529A of the Companies Act, 1956 and to pay the surplus, if any, to the company.

He protects the interests of the workmen and the creditors and, hence, his association at the time of auction and sale has been thought appropriate by this Court.

"Their Lordships think that no question of law, either as to construction "filterOperator":"CONTAINS", precluded from buying the property of the Bank and directed the first appellant

All India Reporter Pvt.

1815 of 2009 before the Division Bench. We have referred to the aforesaid decisions only to highlight that this part of the judgment in Allahabad Bank's case has been overruled.

"fieldEnum" : "SUB_NATURE_OF_RECORD",

Toolsay Persaud Bhuckt v. Benayek Misser

"fieldEnum" : "DATE_OF_DECISION",

"queryStringForCitationLink" : "",

"queryStringForAutoSuggest" : "-Sub_Nature_Of_Record:\"TB\"",

"queryString" : "-Sub_Nature_Of_Record:\"SM\"" Hence, the necessitous facts are adumbrated herein.

"queryStringForCitationLink" : "Parties:\"The Official Liquidator, High Court, Allahabad\"", "fieldEnum" : "DATE_OF_DECISION", This position holds good during the pendency of the winding-up petition against the debtor Company and also after a winding-up order is passed. [Dipak Misra], Army men cant be prosecuted for Murder unless Sanction is obtained under AFSPA, Read SC Order, Ministry of Law and Justice notifies appointment of 9 Additional Judges of Bombay High Court, 9 , Tele-Law service is being made free of cost for citizens from this year- Shri Kiren Rijiju, () -, ( ) 2011 , Centre amends the Legal Metrology (Packaged Commodities) Rules 2011 for ease of doing business and reducing the compliance burden for the electronic industries, : , () , CCI approves increase in proportion of voting rights held by CPPIB in ReNew Energy Global, Justice BN Srikrishna Report on Institutionalisation of Arbitration, Income-Tax (Certificate Proceedings) Rules, 1962, Industrial Reconstruction Bank of India Act, 1984, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Small Industries Development Bank of India Act, 1989. "fieldEnum" : "PARTIES_NAMES", Presently, we shall advert to the analysis made in Allahabad Bank's case. hearing a second appeal under S. 100 of the Code of Civil Procedure, 1908 is "filterParamValue2" : null, used in Art.

It has been submitted by Mr. Banerji, learned senior counsel, that if the Company Court as well as the DRT can exercise jurisdiction in respect of the same auction or sale after adjudication by the DRT, there would be duality of exercise of jurisdiction which the RDB Act does not envisage. "filterOperator" : "NOT",

"entityType" : null, An appeal against an order of an appellate

The DRT is directed to decide the appeal within a period of two months after offering an opportunity of hearing to all concerned. % If more time is consumed, it would be really difficult on the part of the banks and financial institutions to realize their dues. Exportao ou importao da sua mercadoria de maneira segura e gil.

Being of this view, the Division Bench declined to express any opinion on the merits of the case and opined that it is open to the Official Liquidator to take up all the grounds available to him in appeal. under art. "solrCoreName" : null,

"filterParamValue1" : "TB", Indias Leading Insolvency Platform.IBC Laws publishes case laws, legal contents, commentary, articles with wide range of search functions using advance technology. Be it noted, an order passed under Section 30 of the RDB Act by the DRT is appealable. 480 the expression 'Court immediately below' law.

In view of the aforesaid analysis, we concur with the view expressed by the Division Bench and hold that the Official Liquidator can prefer an appeal before the DRT. (1896) L. R. 23 I.A.

December 21.

It is to be noted that the irregularity in the conduct of the auction or the manner in which the sale had been confirmed has not been addressed to by the Division Bench as it has restricted its delineation to the jurisdictional spectrum.

"highlight" : true, 20,000/and It cannot, therefore, be said that the Recovery Officer would act in an arbitrary manner.

It was also categorically held that the said litigation cannot be transferred to the Company Court. Click on the top heading of the section and open in new tab. "sortFilterValue" : [ {

The aforesaid submission of the learned senior counsel commends acceptance as the intendment of the legislature is that the dues of the banks and financial institutions are realized in promptitude. evidence submitted to them. 2JD2Uf+J99[N^#N5YhI2]L7.

appellant thereafter transferred the houses to the first appellant reciting in 30. Member can see recently activities in Activity Section.

These houses

High Court affirms the judgment of the single judge and the High Court has not Citation : 2013 Latest Caselaw 191 SC

} ]

"fieldEnum" : "SUB_NATURE_OF_RECORD", 133 (1) the Court immediately below a Division Bench of Daily Disposal Statistics for Judicial Officers, Telangana High Court Advocates Association, National Consumer Disputes Redressal Commission. 2, 1941. Luis Viana, 13223 - So Cristvo. "queryStringForAutoSuggest" : "-Sub_Nature_Of_Record:\"B\"", "filterParamValue2" : null, The two-Judge Bench, after referring to the dictionary provisions, especially the "debt" as defined in Section 2(g), Sections 17, 18 and 19(22) and Section 31 of the RDB Act, came to hold that the provisions of Sections 17 and 18 of the RDB Act are exclusive so far as the question of adjudication of the liability of the defendant to the Allahabad Bank was concerned. Honble Sri Justice T. lakshmaiah was born on 1.7.1918.

"sortFilterValues" : "Display Latest Decisions First", State Financial Corpn. "orderCriterias" : [ {

The appeals therefore dismissed. Per contra, Mr. Debal Banerji, learned senior counsel for the Allahabad Bank, would submit that the jurisdiction of the Company Court cannot be equated with the jurisdiction exercised by the High Court under Articles 226 and 227 of the Constitution of India.

"dispalyValue" : "DATE_OF_DECISION"

The Court addressed itself to the special and general law and ruled that in view of Section 34 of the RDB Act, it overrides the Companies Act to the extent there is any thing inconsistent between the Acts.

153 of 1999 under Section 9 of the RDB Act for recovery of a sum of Rs.39,93,47,701/- with interest from the company, namely, M/s. High Court of Calcutta held that an appeal to the Privy Council cannot be

"queryString" : "-Sub_Nature_Of_Record:\"BC\""

In Deoki Nandan v. State of Uttar Pradesh the }, {"filters":[

"queryString" : "-Sub_Nature_Of_Record:\"B\""

in the deed that the latter was "the real owner" of the houses and that P.B. There is, however, no difference in the character of the original civil jurisdiction which is conferred upon the High Court by Letters Patent and the jurisdiction conferred by special Acts. under Art. The said provision deals, comprehensively, with all the aspects. Deoki Nandan v. -State of U. P., A. within the meaning of cl. Act, 1913 to act with the Official Liquidator, and one of the members of the }, {

1956. "pageNo" : 1, Therefore, we shall only restrict our address as to which is the appropriate forum for the Official Liquidator to agitate the grievance. After receipt of the Recovery Certificate, the Recovery Officer attached the immoveable properties of the wound-up company by order dated 29.8.2002.

Took his Law Degree from Law College, Madras.

We will be failing in our duty if we do not take notice of the decision in M.V. Thereafter, the auction-purchaser filed an application before the learned Company Judge for issue of a direction to the Official Liquidator to hand over the possession of the properties in respect of which the sale had been confirmed by the Recovery Officer of DRT.

before this Court counsel for the Official Liquidator submitted that the appeal 18. Needless to emphasise, the Official Liquidator has a role under the 1956 Act. Ltd. & 4 Vs. Union of India & 1 Gujarat High Court, Section 19: Official chiefs and subordinates.

Custos envolvidos na operao de exportao e importao, tais como: transporte (modais martimos, areos e rodovirios), armazenagem, impostos, dentre outros.

All India Reporter Pvt. Ltd. Congress Nagar, Nagpur - 440 012Phone: +91 83800 05660E-mail: helpdesk.aironline@gmail.com, All India Reporter Pvt. is a Court subject to the superintendence of the High Court, whereas a Court "facetResultLimit" : "500", "queryStringForAutoSuggest" : "-Sub_Nature_Of_Record:\"SM\"", 477 1962.

not be entertained with a certificate under Art. Estamos aqui para servir de forma objetiva em todos os modais e assessorar no que for necessrio para garantir o melhor desempenho dos negcios.

Skip to Main Content|Screen Reader Access. houses for Rs.

214 of

Section 25 provides for the modes of recovery of debts; Section 26 stipulates about the validity of certificate and amendment thereof; Section 27 deals with the power of stay of proceeding under certificate and amendment or withdrawal thereof; and Section 28 deals with the other methods of recovery.

Thus now an appellate forum has been provided against any orders of the Recovery Officer which may not be in accordance with the law. "solrCoreName" : null, Court was delivered by SHAH J.-The Banaras Bank Ltd-hereinafter called 'the

2. Of course, right of judicial review under Articles 226 and 227 of the Constitution of India cannot be taken away. The High Court, Duis suscipit arcu vel rhoncus molestie eget placerat mauris. 1973 SC1252 (17). "handlerName" : null,