M/S Asset Care & Reconstruction Enterprise Ltd. v. M/S Kwick Travels Private Limited and Ors.
Case brief
What is this about?
The Court held that the surplus amounts issue in DRAT required crystallization. The writ petition was withdrawn with liberty to approach DRAT to determine exact payable/refundable amount declaratory orders are insufficient.
What did the court decide?
Writ petition withdrawn with liberty to file application before DRAT to crystallize amount recoverable. DRM cannot rest with declaratory order.