ROCKLINE CONSTRUCTION COMPANY Vs. DOHA BANK QSC

JUDGEMENT

(1.) The present Miscellaneous Application is filed seeking clarification of the order dtd. 12/5/2022 passed by this Court in Special Leave Petition No.16537/2021 titled Rockline Construction Company v. Doha Bank QSC & Ors., whereby a Judgement and Order of the High Court of Bombay upholding the setting aside sale of a property by the Debt Recovery Appellate Tribunal, Mumbai was not interfered with. The applicant has prayed for the following relief:

(2.) The auction sale confirmed in favour of the applicant M/s. Rockline Construction Company on 16/5/2007 was set aside with the applicant entitled to a refund of the entire sale amount along with the accrued interest, if any, after deducting the mesne profits and/or losses. There has been long­standing litigation inter se the parties regarding this transaction. At this juncture, it is observed that the present case has a chequered history, but for brevity, only relevant orders are being referred to.

(3.) The order dtd. 7/7/2014 passed by the Debt Recovery Appellate Tribunal, Mumbai, in Miscellaneous Appeal bearing No. 303/2010 titled as "Oman International Bank S.A.O.G. v. M/s Rockline Construction Co. & Anr. ", holding the applicant entitled to a refund of the amount, is extracted as under: