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SHAMPA SARKAR
Aarburgreen Estates LLP – Appellant
Versus
Subhas Chowdhury – Respondent
| Table of Content |
|---|
| 1. challenge to recovery officer's authority and jurisdiction. (Para 1 , 2 , 6 , 10 , 11) |
| 2. background ownership and allegations of obstruction. (Para 3 , 4 , 12 , 14 , 18) |
| 3. arguments related to recovery officer's powers and scope. (Para 7 , 25 , 28 , 30 , 31) |
| 4. discussion on the legal validity of property transactions. (Para 13 , 15 , 17 , 22 , 24) |
| 5. arguments on the legality of obstruction claims. (Para 21 , 23 , 26) |
| 6. court's observations regarding jurisdiction and procedural fairness. (Para 34 , 35 , 41 , 45 , 48) |
| 7. issues of blocking access and jurisdiction discuss. (Para 56 , 58) |
| 8. court’s determination on jurisdictional limits. (Para 59) |
| 9. final ruling on the jurisdictional overreach and procedural impropriety. (Para 60 , 63 , 67) |
| 10. final closure on the appeal and judgment. (Para 69) |
JUDGMENT :
(Shampa Sarkar, J.) :
1. The revisional application arises out of an order dated September 1, 2023 passed by the learned Recovery Officer, Debts Recovery Tribunal-II, Kolkata in TRC No.191 of 2001. The order was passed on an application filed by the auction purchaser/opposite party No.1 alleging obstruction posed by the petitioners, making plot no. 3332 (purchased plot
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