raise such objection for such a long time. Furthermore, in a
collateral proceeding where the sale was challenged by other
interested buyers, the Corporation supported ... further appears from the record
of the case that in a collateral proceeding which came before this
Court in CWJC No.11067 of 2002, which
that it will be proper for this Court at this stage in
proceeding under Article 226 of the Constitution of
India to go into ... civil writ
petition or for that matter any other collateral
proceeding is not the remedy. All contentions, which a
party might and ought to have
primary proceedings and the proceedings u/s 263
passed equated to collateral proceedings. It has further been held based on various
judicial pronouncements ... challenged
even in appellate proceedings arising out of a collateral proceeding. In view of the
aforesaid legal position we admit the additional grounds for adjudication
therefore, applicable when a secured creditor seeks to initiate a
proceeding under the Act of 2002. At least at the time of taking a
measure ... before which such proceedings are
pending. A Writ Court in a collateral proceeding is not required to
answer such an issue. Such an issue also
that it will be proper for this Court at this stage in
proceeding under Article 226 of the Constitution of India to
go into ... that matter any other collateral
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7
proceeding is not the remedy. All contentions, which a
party
suit property in any
proceedings henceforth or for that matter in collateral
proceeding.
43
30. The respondents (successors in title of the plaintiff),
relying ... raise the issue of title of
the suit property in collateral proceedings, such as
eviction from the suit property. This argument deserves to
be rejected
assessment order was passed under wrongful assumption of
jurisdiction, apparently a collateral proceeding; in Central
Potteries Ltd., Nagpur v. State of Maharashtra the Supreme
Court ... notice of the same, and it can
be disregarded in collateral proceeding or otherwise. Another type
of void act may be which
such decree and order can
be challenged even in any collateral proceeding. In the case of Ramsukh (supra), the Supreme
Court was dealing with
case the whole proceeding is
coram non judice and void: in the latter the proceeding cannot be
impugned as a collateral action, even though ... proceeding might have been essential to confer jurisdiction. It is
examinable only on a direct proceeding as by an appeal or by a
proceeding
question cannot be considered in the writ jurisdiction which is a collateral
proceeding. However, the said case pertains to Sections
