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2016 Supreme(Bom) 1718

S.C.DHARMADHIKARI, SHALINI PHANSALKAR-JOSHI
Asset Reconstruction Company (India) Ltd. – Appellant
Versus
Florita Buildcon Private Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nitin Thakkar with Mr. Rohit Gupta, Mr. Vinod Kothari, &
Ms. Salma Mansuri, M/s. Apex Law partners
For the Respondent: Mr. Ravi Kadam with Ashish Kamat, Mr. Roshan Kadam,
Mr. Nikhil Rajani & Ms. Pallavi Ghaisas, M/s. V. Deshpande & Co.

JUDGMENT :

Shalini Phansalkar-Joshi, J.

1. By this petition filed under Article 226 of the Constitution of India, the Petitioner is invoking extraordinary writ jurisdiction of this Court for issuance of writ of certiorari to quash and set-aside the order dated 23rd September, 2013 passed by the Debts Recovery Appellate Tribunal, Mumbai in Appeal No.161 of 2011 and thereby to dismiss the said appeal.

2. The facts, in the light of which above said prayer is made, can be stated in brief as follows;

The Petitioner is a Securitization Company, incorporated under the provisions of the Companies Act, 1956 and registered under Section 3 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as “SARFAESI Act'”, for the sake of brevity). Petitioner is having its registered office at the Ruby, 10th floor, 29 Senapati Bapat Marg, Dadar (West), Mumbai. The Petitioner had, vide Assignment Agreement dated 31st March, 2008 acquired the rights with respect to the account of M/s. D.N. Exports from the Assignor Bank i.e. Bank of India.

3. Respondent No.1 is the purchaser of the properties mortgaged to the Petitioner. Respondent




















































































































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