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2023 Supreme(SC) 14

M. R. SHAH, B. V. NAGARATHNA
Sidha Neelkanth Paper Industries Private Limited – Appellant
Versus
Prudent ARC Limited – Respondent


Advocates appeared:
For the Parties : Samir Malik, AOR Mr. Abhishek Agarwal, AOR Mr. Tuhin, AOR Mr. Rajat Bhardwaj, AOR Mr. Bimlesh Kumar Singh, AOR Mr. Rajeev Kumar Gupta, Adv. Mr. Vivek Phadke, Adv. Mr. D.k Thakur, Adv. Mr. Rajiv Ranjan Dwivedi, AOR Mr. Arun Aggarwal, AOR

JUDGMENT :

M.R. Shah, J.

1. As common questions of law and fact arise in this group of appeals, namely, interpretation of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act’), all these appeals are decided and disposed of together by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.12.2020 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 6060/2020, both, the borrower as well as the secured creditor have preferred Civil Appeal Nos. 8969 and 8970 of 2022.

3. Civil Appeal Nos. 8972, 8973 and 8974 of 2022 have been preferred against the common impugned judgment and order dated 12.04.2022 passed by the High Court of Madhya Pradesh, Bench at Indore in respective Writ Petition Nos. 5494/2021, 5470/2021 and 5478/2021, by which the High Court has dismissed the said writ petitions preferred by the original writ petitioners – auction purchasers and has confirmed the orders passed by the Debt Recovery Appellate Tribunal, Allahabad (for short, ‘DRAT’), by which the DRAT while entertaining the a

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