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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Rainbow Rice Pvt. Ltd. – Appellant
Versus
Deputy Commissioner-Cum-District Magistrate – Respondent
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 petition filed under Articles 226 and 227 of the Constitution of India is to re-deliver the possession of the rice mill/factory land and building measuring 19 kanals and 8 marlas and the residential house-cum-shop measuring 10 marlas which was stated to be illegally taken into possession by the bank. The ground which has been canvassed is that the order passed by the District M
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....
Courts should respect statutory routes for recovery before entertaining writ petitions in commercial matters, emphasizing the efficacy of specialized tribunals under SARFAESI.
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....
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