S.C.DHARMADHIKARI, G.S.PATEL
Pan India Motors Pvt. Ltd. – Appellant
Versus
Asset Reconstruction Company (India) Ltd. – Respondent
G.S. Patel, J.
1. By this Petition, filed under Articles 226 and 227 of the Constitution of India, the Petitioner seeks to challenge an order dated 8th January 2014 passed by the Debt Recovery Appellate Tribunal (“DRAT”) in Miscellaneous Appeal No. 58 of 2013. The present Petitioner was the Appellant before the DRAT. Although Ms. Sethna for the Petitioner says that this is the limited challenge in the Writ Petition, we find that in actuality, there are two other orders that are implicitly under challenge. The first of these is an order dated 22nd November 2012 passed by the Recovery Officer on an application made by the 1st Respondent pursuant to which a certain sale of property, to which we will refer hereafter, in favour of the Petitioner was ordered to be cancelled and was set aside. The second is an order dated 30th January 2013 passed by the Presiding Officer of the Debt Recovery Tribunal in a First Appeal filed by the Petitioner.
2. We have heard Ms. Sethna for the Petitioner and Mr. Cooper for the 1st Respondent, the Asset Reconstruction Company (India) Limited (“ARCIL”), at considerable length. The record before us includes the Petition in two volumes, running to a
Divya Manufacturing Co P Ltd v Union Bank of India & Ors.
Parayya Allayya Hittalamani v Shri Parayya Gurulingayya Poojari
Motilal Padampat Sugar Mills Co. Limited v State of Uttar Pradesh & Others
Shankar Sitaram Sontakke & Anr. V Balkrishna Sitaram Sontakke & Ors.
State of Punjab v Krishan Dayal Sharma
Rajasthan Financial Corporation v Man Industrial Corporation Limited
Pushpadevi Bhagat v Rajinder Singh
Kadiyala Rama Rao v Gutala Kahna Rao
Superintendent of Taxes, Dhubri v Onkarmal Nathmal Trust
Valji Khimji & Co. v Official Liquidator of Hindusthan Nytroproducts (2008) 9 SCC 299
Suryadevi Rai v Ram Chander Rai
State of Madhya Pradesh v Babulal
Sarup Singh & Anr. v Union of India
Balvant N. Viswamitra v Yadav Sadashiv Mule
Foreshore Cooperative Housing Society Limited v Praveen D. Desai
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.