Union Bank challenged the DRAT's order remitting a matter to re-examine condonation of delay under Section 17 of SARFAESI. The court found no error in the DRAT's approach and dismissed the petition.
The writ petition challenging the DRAT's remand order was dismissed.
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.
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Decided on 6th April, 2015
versus
GLOBAL HERITAGE VENTURE LIMITED & ORS .. Respondents Through: Mr.Karan Khanna, Adv. for R-2.
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA
MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) %
WP(C)1141/2015
Page 1
approaching the Debt Recovery Tribunal (DRT) appeared to have corresponded on 14.07.2012 with the Reserved Bank of India (RBI) and the first respondent had subsequently filed S.A.No.65/2012 claiming a refund of ₹29,50,03,551/- with 12% interest. This was rejected by the order of the DRT on 06.03.2014. The DRT was of the opinion that the first respondent did not explain the delay sufficiently. The DRAT after noticing these facts required DRT to re-examine the matter and decide firstly whether delay could be condoned on facts. Learned counsel for the petitioner urges that that DRAT should not have in the circumstances of the case remitted the matter when the DRT had given clear reasons why the delay could not be condoned. It is argued that the mere fact that the first respondent approached the RBI or had engaged with the respondents, its creditors, did not entitle it to claim that it had sufficient cause for seeking condonation of delay.
S. RAVINDRA BHAT, J
R.K.GAUBA, J
APRIL 06, 2015
mr
WP(C)1141/2015
Page 2
1 issue framed by the court
Whether the DRAT erred in remitting the matter to re-examine the condonation of delay in approaching the DRT under Section 17 of SARFAESI Act.
1 provisions across 1 enactments
Union Bank of India
Global Heritage Venture Limited
S. Ravindra Bhat
R.K. Gauba
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
