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2010 Supreme(Pat) 2497

RAMESH KUMAR DATTA
Silverson Tea Company – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner: M/s Y. V. Giri, Raju Giri.
For Resp. Bank : Mr. Ajay Kumar Sinha.
For Resp. Nos. 8, : M/s S. D. Sanjay,
9 & 10 Shabir Rusab, Gautam Kejariwal.

ORDER

The petitioner-company has assailed the order dated 20.2.2008 passed by the Debts Recovery Appellate Tribunal (DRAT) at Kolkata in Appeal No. 13 of 2007/Claim Petition No. Appeal Case 8 of 2005/ Application No. 10 of 2006 by which the Appellate Tribunal has set aside the impugned order dated 16.1.2006 of the Debts Recovery Tribunal, Patna and directed that the objection petition of the appellants (respondent nos. 9 and 10), the Certificate Debtor No.4 as well as the interveners (respondent nos. 11 and 12) against the order of attachment of the property dated 4.8.2004 by the Recovery Officer be decided afresh on merits by the Debts Recovery Tribunal, Patna instead of by the Recovery Officer. It has further held that the auction sale which has been held on 20.1.2006 shall stand cancelled and the parties who participated in the auction sale shall be at liberty to withdraw the deposits, if there be any. The petitioner-company, being the purchaser at the auction sale held on 20.1.2006, is aggrieved by the said order and has challenged the same.

2. The petitioner has also challenged the compromise entered into between the certificate holder-Bank, respondent no. 5 and the certificate


























































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