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LPA/954/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 954 of 2010
In
SPECIAL CIVIL APPLICATION No. 8239 of 2009
With
CIVIL
APPLICATION No. 4335 of 2010
In
LETTERS PATENT APPEAL No. 954 of
2010
=================================================
M/S
BALARAM CEMENTS LIMITED - Appellant(s)
Versus
M/S
KOTAK MAHINDRA BANK LIMITED & 1 - Respondent(s)
=================================================
Appearance
:
MR
SUDHIR M MEHTA for Appellant(s) : 1,MS SHAILEE S MEHTA for
Appellant(s) : 1,
None for Respondent(s) : 1 -
2.
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 13/08/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Matter
relates to action taken u/Sec.14 of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (hereinafter referred to as `the Act’). Thus,
action having been taken u/Sec.13(4) of the said Act, we are not
inclined to decide the matter on merit. The petitioner may approach
the Debt Recovery Tribunal u/Sec.17 of the Act. If any such
application is filed by the petitioner within a month, the Debt
Recovery Tribunal will decide the same in accordance with law without
being influenced by the order of the learned Single Judge. This
Letters Patent Appeal and Civil Application both stand disposed of.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
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