Clarified that IDBI may decide whether to seek DRT permission to bid for property without fixing a reserved price. State may approach DRT under the cited Act. Petition disposed.
Clarification on IDBI's option to seek DRT permission and State's right to approach DRT.
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Case No :WP(C) 0000104/2015
Party Name : M/S OVERSEAS MENSION & ORS Vs THE S.D.M. SADAR & ORS
THE HONBLE THE CHIEF JUSTICE T. VAIPHEI THE HONBLE MR. JUSTICE S.TALAPATRA
03.05.2017.
Heard Mr. D.K. Biswas, the learned counsel for the petitioners. Also heard Mr. Soumen Saha, the learned counsel for the IDBI and Mr. T.D. Majumder, the learned Govt. Advocate appearing for the State.
In our order dated 19.04.2016, unfortunately, some confusion has cropped up as to whether the IDBI is to decide whether to seek permission from the Debt Recovery Tribunal (DRT) to itself bid for the property in question or whether the IDBI was given freedom to sell the property. We clarify that it is for the IDBI to decide whether it wants to seek permission from the DRT to itself bid for the property in question without fixing any reserved price for the property so that the property is sold.
Needless to say, the State is also permitted to approach the DRT for appropriate orders in view of the proceedings they have drawn under Section 62 of the Tripura Land Revenue and Land Reforms Act, 1960 in case No.08/Certificate/14.
With the above clarification, this writ petition is disposed of.
Download Date: 8-05-2017 15:05
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1 provisions across 1 enactments
M/S OVERSEAS MENSION & ORS
THE S.D.M. SADAR & ORS
T. VAIPHEI
S. TALAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
