Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2012 (5) TMI HC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2012 (5) TMI 878 - HC - Companies Law

The Allahabad High Court, through Hon'ble Sudhir Agarwal, J., dismissed the writ petition challenging the Debt Recovery Appellate Tribunal's (DRAT) order which held that respondent no. 3 was "neither necessary nor proper party" to the Bank's recovery suit, as he had "no privity of contract" and was not liable under the debt recovery proceedings. The petitioners' review application was rejected on the ground that it did not raise any permissible grounds for review, and could not be used to re-argue the merits. The Court distinguished the Apex Court judgment in Eureka Forbes Ltd. v. Allahabad Bank, finding it inapplicable since respondent no. 3 had not received any financial facility nor defaulted. The Court concluded respondent no. 3 was rightly excluded and the petition was "thoroughly misconceived."

 

 

 

 

Quick Updates:Latest Updates