Landmark case · Law of Banking and Negotiable Instruments · Semester 5

Nahar Industrial Enterprises Ltd. v. Hong Kong and Shanghai Banking Corpn.

(2009) 8 SCC 646 · Supreme Court of India

A bank's counter-claim before the DRT does not convert the borrower's civil suit into a proceeding that the civil court cannot try if it is otherwise maintainable.

From topic

DRT jurisdiction and the bar of the civil court — Unit V, Law of Banking and Negotiable Instruments.

Related sections:

Recovery of Debts and Bankruptcy Act, 1993, 17–18 — Jurisdiction of the Tribunal and bar of other courts
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, 34 — Civil court not to have jurisdiction
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, 35 — Provisions of the Act to override other laws