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MMTC Limited v. Anglo American Metallurgical Coal Pvt. Limited (SC)
(2025) Law Today Live Doc. Id. 20579 = 2025 INSC 1279
(2025) Law Today Live Doc. Id. 20579 = 2025 INSC 1279
From the Database of www.lawtodaylive.com
Supreme Court of India
Before: Sanjay Kumar & K. V. Viswanathan, JJ
Civil Appeal No. 13321 of 2025
(@ Special Leave Petition (Civil) No. 14832 of 2025)
Decided on: 03.11.2025
(@ Special Leave Petition (Civil) No. 14832 of 2025)
Decided on: 03.11.2025
MMTC Limited - Appellant
Versus
Anglo American Metallurgical Coal Pvt. Limited - Respondent
Code of Civil Procedure, 1908 (V of 1908), Section 47 – Execution of decree -- Objections -- An objection petition under Section 47 should not invariably be treated as a commencement of a new trial -- Jurisdiction lies in a narrow compass -- Object of Section 47 is to prevent unwarranted litigation and dispose of all objections as expeditiously as possible -- There is a steady rise of proceedings akin to a retrial which causes failure of realization of the fruits of a decree, unless prima facie grounds are made out entertaining objections under Section 47 would be an abuse of process.
(Para 97, 98)
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