SAMSHER vs STATE BANK OF INDIA — C.A. No. 2612/2004

Case under Section XVI. Status: DISPOSED.

CNR: SCIN010088632003

DISPOSED

Filing Date

23-Apr-2003

Registration No

C.A. No. 2612/2004

Diary Number

8863/2003

Order Date

19-Apr-2004

Document Type

ROP - of Main Case

Disposal Type

Dismissed

Data as of 21-Jun-2026

Acts & Sections

Section XVI

Petitioner(s)

SAMSHER

Adv. SHRISH KUMAR MISRA (Dead / Retired / Elevated)

Respondent(s)

STATE BANK OF INDIA

Adv. R. N. KESWANI

Orders

View Full Judgment
casestatus.in Summary

Summary of C.A. No. 002612/2004 (Samsher v. State Bank of India) The Supreme Court allowed Samsher's special leave appeal challenging the High Court's affirmation of the trial court's dismissal of insolvency petitions. The Court held that dismissing insolvency petitions merely on grounds of delay or loan avoidance was improper; the Insolvency Court should decide such petitions on merits. The Court set aside both lower court orders, remitted the matter to the Insolvency Court for fresh consideration, and clarified that SBI retained its right to recover dues through legal proceedings. No costs were awarded. This case analysis is maintained by casestatus.in based on publicly available court records.

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