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1 - 10 of 12 (0.32 seconds)Article 226 in Constitution of India [Constitution]
The Recovery Of Debts Due To Banks And Financial Institutions Act, 1993
Union Bank Of India vs Official Liquidator H.C. Of Calcutta ... on 26 April, 2000
restricted by the Company Court to participate at the stage of
disbursement of the dues. This ex-facie is an incorrect reading of
the orders passed by the Company Court. The DRAT has found
fault with the Central Bank for having remained absent before the
Recovery Officer on 9 August 2006 and 21 August 2006. This
absence of the Central Bank at two hearings which took place
before the Receiver can furnish no justification whatsoever for the
conduct of the sale in a manner which is not consistent with fair
dealing. Further, in Union Bank of India v. Official Liquidator6,
the Supreme Court has taken cognisance of the fact that a judge
must attempt to verify the reliability of a valuation report. The
court had stated that "it appears that learned Judge has not applied
his mind to the valuation report itself. He has only considered the
last figures given in the valuation report which says that total
valuation of the property was Rs. 66,19,032/-. Had the Court
considered the report it would have immediately noticed that
valuation report was not at all reliable.
Navalkha & Sons vs Sri Ramanya Das & Ors on 27 October, 1969
Thereafter, the court quoted the judgment of Navalkha & Sons
v. Sri Ramanya Das9:
Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
Section 3 in The State Financial Corporations Act, 1951 [Entire Act]
M/S Ngef Ltd vs M/S Chandra Developers Pvt. Ltd. & Anr on 29 September, 2005
VBC 29 wp2689.11-20.9
The sanctity of a properly conducted sale has to be preserved, and
a sale would not be set aside merely because, as a result of a lapse
of time, a higher price is being realized. The Supreme Court in
NGEF Ltd. v. Chandra Developers Pvt. Ltd.3 held as much saying:
Section 20 in The Sick Industrial Companies (Special Provisions) Act, 1985 [Entire Act]
Kayjay Industries (P) Ltd vs Asnew Drums (P) Ltd. & Ors on 20 March, 1974
defeating exercise as has been held in Kayjay Industries Pvt.
Ltd. v. Asnew Drums Pvt. Ltd.4 and State of Punjab
v. Yoginder Sharma Onkar Rai & Co. and Ors.5"