Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2010 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (3) TMI 679 - HC - Companies LawLegality and propriety of the notice dated 5th January, 2010, issued by the Tahsildar, Palghar, District Thane, informing the petitioners to handover possession of the immovable and movable properties to respondent No. 2 the Asset Reconstruction Company Ltd. ('ARCIL'), within 15 days from the date of the notice challenged Held that:- Pursuant to the order from the District Magistrate, Thane, the Tahsildar concerned sent a communication dated 5th January, 2010 to the petitioners informing them to hand-over possession of the property in question so as to enable him to hand-over the same to respondent No. 2, the lawful assignee of respondent No. 1. The order and the communication sought to be impugned herein are nothing but an assistance sought by the secured creditor from the legal authorities in accordance with law to enforce the security interest. In other words, it is a help provided by the lawful authority by a non-adjudicatory process, as contemplated under section 14 of the Act. There is nothing unconstitutional or contrary to law in the impugned order and the communication nor they are violative of the provisions of the Constitution of India. W.P. dismissed.
|