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

TMI Blog

Home

2020 (10) TMI 1317

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... HELD THAT:- This Court is inclined to relax/modify the clause-x of condition stipulated in the order passed by this Court earlier to the extent that the intervenor-petitioner shall issue fresh presale notice to the loanees about the auction of the vehicles from whom the vehicles were seized referred to in Annexure-1 (series) and in the event of their inability to take back the vehicles by repaying the loan dues, the intervenor-applicant shall proceed to put them to auction as per the law - application is disposed of. Prayer to allow to auction the vehicles, which were seized prior to imposition of the lock-down during COVID- 19 pandemic situation - HELD THAT:- This Court is inclined to relax/modify the clause-x of condition stipulate .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... te courts as well as judicial and quasi-judicial authorities working under the superintendence of this Court, has been affected to a great extent. The situation has resulted in hardship for the litigants and ordinary citizens to approach the court of law to take recourse to legal remedies. With a view to ensure that the litigants and citizens do not suffer on account of their inability to approach the court of law, we propose to invoke our plenary power under Article 226 and power of superintendence under Article 227 of the Constitution of India, our inherent power over the criminal matters under Section 482, Cr.P.C., our power of superintendence over criminal courts under Section 483, Cr.P.C. and our inherent power over the civil matters u .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... unless specifically directed, shall stand extended 4 till 18th of June, 2020. It is however clarified that, if the parties are in a position to file such written-statement or return, they may file it before such date, i.e. 18.06.2020. (iv) That it is further directed that the orders of eviction, dispossession, demolition, etc. passed by this Court or any court subordinate to it or any Tribunal or judicial or quasi judicial forum, shall remain in abeyance till 18th of June 2020. v) Interim protection given in all the anticipatory bail applications by the High Court or Sessions Court for a limited period, which are likely to expire by today or has expired in the meantime, shall stand extended till 18th of June, 2020. However, any party .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e crisis, an advisory to be followed by the police so far as it is practicable and possible). (ix) It is further directed that the State Government or any of its Department or any Municipal Corporation/Council/Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State shall not take any action for eviction, and demolition in respect of the property, over which any citizen or person or party or any Body Corporate has physical or symbolic possession as on today till 18th June, 2020. x) That, it is further directed that, any Bank or Financial 6 Institution shall not take action for auction in respect of any property of any citizen or person or party or any Body corporate till 18th June, 2020. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ion or demolition for any urgent public purpose in the larger interest of the public. (d) All Courts, Tribunals, judicial and quasijudicial authorities are directed to abide by these directions, and the parties seeking relief(s) covered by these directions can file hard copy or soft copy of this order before the competent court/forum, and such copy of the order shall be given due weightage. 3. The aforesaid order was extended subsequently on 11.06.2020 till 15.07.2020 and thereafter on 15.07.2020 the said protections were extended till 31.08.2020 and on 31.8.2020 the protection was extended up to 15.10.2020. 4. Mr. B.K. Ragada, petitioner who appeared in person, prayed for extension of different kinds of protections referred to in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... pen air and its value deteriorates and will not benefit to anyone including the loanees. It is submitted that the intervenor-petitioner has seized the vehicles and pre-sale notice for the vehicles have been issued to the loanees intimating them about the auction that if they wish to clear the outstanding amount, they can take back the vehicle but they have not done so. Having regard to the submission made by learned counsel for the intervenor-petitioner, this Court is inclined to relax/modify the clause-x of condition stipulated in the order passed by this Court earlier to the extent that the intervenor-petitioner shall issue fresh presale notice to the loanees about the auction of the vehicles from whom the vehicles were seized referred .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates