SAMSHER vs STATE BANK OF INDIA — C.A. No. 2612/2004
Case under Section XVI. Status: DISPOSED.
CNR: SCIN010088632003
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
Petitioner(s)
SAMSHER
Adv. SHRISH KUMAR MISRA (Dead / Retired / Elevated)
Respondent(s)
STATE BANK OF INDIA
Adv. R. N. KESWANI
Orders
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.
Browse Related Cases
Explore other courts