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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Rainbow Rice Pvt. Ltd. – Appellant
Versus
Deputy Commissioner-Cum-District Magistrate – Respondent
| Table of Content |
|---|
| 1. application for impleading introduced. (Para 1 , 2) |
| 2. constitutional challenge of possession orders. (Para 3 , 4) |
| 3. court dismisses petition; availability of remedies. (Para 5 , 6) |
| 4. background of interim orders and litigation. (Para 7 , 8 , 9) |
| 5. misleading the court affects chances of relief. (Para 10 , 11 , 12) |
| 6. writ petition dismissed with costs. (Para 13) |
JUDGMENT
G.S. Sandhawalia, J. (Oral) - CM-7667-CWP-2023
Application for placing on record short reply on behalf of respondent Nos.3 and 4 alongwith Annexures R/1 to R/10 is allowed, subject to all just exceptions.
The same are taken on record.
CWP-7636-CWP-2023
Application has been filed by M/s. Anubhav Enterprises Pvt. Ltd., the auction purchaser under Order 1, Rule 10 (2) read with section 151 CPC for being impleaded as respondent No.5 on the ground that property was purchased by him on 31.01.2022 and on account of the fact that there was an interim order in CWP No. 2453 of 2022, the bank could not confirm the sale and issue the sale certificate.
Accordingly, the application is allowed.
M/s. Anubhav Enterprises Pvt. Ltd. is impleaded as respondent No.5.
CWP-12171-2022 (O & M)
Prayer made in the present writ
Point of law : As per the settled law, duty of Chief Metropolitan Magistrate (CMM)/District Magistrate (DM) under Section 14 of the SARFAESI Act is only to ascertain whether the secured assets fall w....
Duty of Magistrate under Section 14 of SARFAESI Act is only to ascertain whether secured assets fall within his jurisdiction and to verify from bank or financial institutions whether notice under Sec....
The borrower's right of redemption is extinguished upon the publication of the auction notice, allowing the auction purchaser to claim possession.
Point of Law - Rule 15 of Schedule II Part I of the Income Tax Act, 1961, in the first place it will have to be stated that a reading of the said Rule does not in any way conflict with either Section....
Point of Law - It is not for a litigant to decide what fact is material for adjudicating a case and what is not material. It is the obligation of a litigant to disclose all the facts of a case and le....
Mandatory compliance with procedural requirements under the SARFAESI Act is essential; failure to adhere prejudices borrowers' rights and invalidates auction proceedings.
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