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2011 Supreme(Cal) 1152

DIPANKAR DATTA
Oasis Dealcomm Private Limited – Appellant
Versus
Khazana Dealcomm Private Limited – Respondent


Advocates appeared:
Suresh Agarwal, Aniruddha Roy, S.K.Roy, Saptangshu Basu, B.Jain, K.Gupta

JUDGMENT

1. THESE two revisional applications under Article 227 of the Constitution are directed against the judgment and order dated February 18, 2011 passed by the Chairperson, Debts Recovery Appellate Tribunal, Calcutta (hereafter the appellate tribunal) dismissing Appeal Nos. 24 of 2010 and 38 of 2010 filed by the respective petitioners. The appeals were directed against judgment and order dated June 10, 2010 passed by the Presiding Officer, Debts Recovery Tribunal, Kolkata 1 (hereafter the tribunal), whereby the application filed by the opposite parties 1 to 2 under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the Act) registered as O.A./Sarfaesi 4 of 2010 was allowed. By the impugned judgment and order, the appellate tribunal recorded a finding that sale of a residential flat, bearing no.1C, admeasuring super built-up area of 2,800 sq.ft. approx. with two car-parking spaces in the semi-basement area situated at premises no.7/1, Queens Park, Kolkata 700 019 in the name of the opposite parties 2 and 3 (hereafter the said property) by ING Vysya Bank (hereafter the bank) was tainted with fraud























































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