Writ petition filed to quash DRT-II order directing confirmation of sale. Court disposed of petition as withdrawn with liberty to move before DRAT, reserving merits for DRAT.
Writ petition disposed of as withdrawn with liberty to move before the DRAT for further relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
26.WP.14937.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.14937 OF 2023
Utter Pradesh State Industrial Development Authority (UPSIDA)
.. Petitioner
Versus
Asset Reconstruction Co (India) Ltd. (ARCIL) & Ors. .. Respondents
Mr. Prathamesh Kamat a/w. Mr. Kayush Zailwalla i/b Mr. Vivek Phadke, Advocates for the Petitioner.
Mr. Bhalchandra Palav a/w. Ms Kaveri Narkar i/b. Bhal & Co., Advocates for Respondent No.1 and 2.
Mr. Barsha Parulekar, Advocate for Respondent No.3.
Mr. Vivek Patil i/b. Vivek Patil & Associates , Advocate for Respondent No.4.
Mr. Aayush Kothari a/w. Mr. Nikhil Rajani i/b. V. Deshpande & Co., Advocates for Respondent No.6.
CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : DECEMBER 01, 2023
P. C.
the Judgment and Order dated 24th November, 2023 passed by the
Digitally signed by AARTI AARTIGAJANAN GAJANANPALKARDate: PALKAR 2023.12.0215:22:56 +0530
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DECEMBER 01, 2023
Aarti Palkar
26.WP.14937.2023.doc
learned Presiding Officer, DRT-II, Mumbai in Appeal (D) No.2208 of 2023 in Transferred Recovery Proceedings No.2 of 2023 [Recovery Proceeding No.1 of 2012] in Original Application No.162 of 2022. The reason why the present Writ Petition is filed challenging the order of the DRT-II is because the DRAT is currently on leave and would be resuming work only on Monday i.e. 4th December, 2023. By the impugned order, the DRT has directed the Recovery Officer to confirm the sale of Plot No.A-1 situated at Surajpur Industrial Area, Noida, Dadri Road, Greater Noida, Dist. Gautamnagar, Uttar Pradesh-203 207, in favour of Respondent No1. [Shakuntalam Landcraft Pvt. Ltd.].
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DECEMBER 01, 2023
Aarti Palkar
26.WP.14937.2023.doc
[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
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DECEMBER 01, 2023
Aarti Palkar
Utter Pradesh State Industrial Development Authority (UPSIDA)
Asset Reconstruction Co (India) Ltd. (ARCIL)
B. P. Colabawalla
Somasekhar Sundaresan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
