DEBT RECOVERY APPELLATE TRIBUNAL
Anil Kumar Srivastava, CJ
Encore Asset Reconstruction Company Pvt Ltd – Appellant
Versus
Ms Biomed (I) Health Care Pvt Ltd – Respondent
| Table of Content |
|---|
| 1. discussion on the initial facts leading to the securitization application. (Para 1 , 2 , 3 , 4 , 5) |
| 2. bank's defense against procedural claims raised by the applicant. (Para 6 , 7 , 8) |
| 3. court’s analysis and reliance on previous judgments regarding procedural adherence. (Para 9 , 10 , 11 , 12) |
| 4. emphasis on the necessity for courts to address all issues presented. (Para 13 , 14 , 15) |
| 5. final decision remanding the case back to drt for further consideration. (Para 16 , 17 , 18) |
The Appellate Tribunal Instant appeal has arisen against the judgement and order dated 20.08.2022 passed by the learned DRT- Visakhapatnam in S.A. No. 373 of 2021 (M/s. Biomed (I) Health Care Pvt. Ltd. Vs. The AO, Encore Asset Reconstruction Co. Ltd. & Ors.) whereby learned DRT allowed the securitization application filed by the respondents herein.
2. As per pleadings of the parties, facts of the matter are that respondent herein M/s Biomed (I) Health Care Pvt. Ltd. filed the securitization application challenging the E-auction sale notice dated 18.09.2021 and the E-auction conducted on 27.10.2021. Respondent is a company engaged in the business of pharmaceuticals. Financial assistance was so
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