An inter-party order issuing notice to respondents, directing the appellant to file an affidavit of service, listing an interim application, and scheduling a future hearing date for service.
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I.A. No. 392/2022, I.A. No. 393/2022 In Appeal Dy. No. 694/2022
Date: 28.09.2022
Rare Assets Reconstruction Ltd. Vs. Bafna Hospital Orthopedic Research & Ors.
Present: Shri Kushal Kant, counsel for the appellant, Shri V.K. Shukla, counsel for the respondent No. 5,
Learned counsel for the appellant submits that the ground, on which the impugned order was passed by the Tribunal below, is that with regard to the lease property, no objection certificate was taken from the MPSIDB, whereas there was ‘no objection certificate’ issued by the MPSIDB, which was filed before the Tribunal below stating that lease property can be mortgaged. The learned counsel has drawn attention of this Tribunal towards page No. 159, as Annexures-17 to the paper book, which is an order dated 22.11.2018 of the Tribunal below. Para 7 of the said order has been referred to show that the certificate/NOC dated 13.08.2007 was taken from the authority concerned, but the same has not been taken into consideration by the Tribunal below. It is, therefore, contended that the impugned order is not sustainable in the eye of law.
Issue notice to the remaining respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
Interim application shall be considered on the next date.
The appearing respondents may file reply by the next date.
List this case on 22.11.2022 for service.
Justice R. D. Khare Chairperson
VN Giri
Rare Assets Reconstruction Ltd.
Bafna Hospital Orthopedic Research
Respondent No. 5
R. D. Khare
V. N. Giri
As recorded by the court registry
8 orders share this CNR
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