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2019 Supreme(Cal) 241

SABYASACHI BHATTACHARYYA
Alogoma Steels Limited – Appellant
Versus
Cic Steels Pvt. Ltd. – Respondent


Advocates Appeared:
Jayanta Mitra, Adv., Saptangshu Basu, Adv., Sarathi Dasgupta, Adv., Shehabuddin, Adv., Vikas Singh, Adv., Hirak Mitra, Adv., Suddhasatwa Banerjee, Adv., Suchismita Ghosh, Adv., Shounak Mitra, Adv., Rishov Dutt, Adv., Jay Saha, Adv., Kunaljit Bhattacharjee, Adv., Dhruba Ghosh, Adv., Arindam Banerjee, Adv., Vivek Basu, Adv.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

Rvw 84 of 2018 and CAN 4502 of 2018 are taken up together for hearing, being directed against the same order - the former seeks review of an order dated June 15, 2018 passed in C.O. No. 993 of 2018 and the latter seeks recall of the same order.

2. The present review petition has been taken out by the opposite party no. 1 in C.O. No. 993 of 2018. The grounds of challenge to the order under review are primarily as follows:

3. That no third party (here the petitioner/present respondent no. 1, namely, CIC Steels Pvt. Ltd.) could be impleaded in a proceeding under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "the DRT Act").

4. Secondly, that since the present respondent no. 1 sought virtually to enforce an agreement allegedly entered into between the applicant and the respondent no. 1, the tribunal did not have jurisdiction to grant such relief and the petitioner/respondent no. 1 ought to have approached the appropriate forum, either for specific performance of contract or for damages.

5. Thirdly, the statutory right of redemption, which was available to the applicant, was taken away b
































































































































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