INDUSIND BANK LTD Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) The applicant-Bank has taken out Judge's Summons dated 11.5.2011, seeking below mentioned directions:

(2.) The applicant-Bank has claimed that certain order/decree has been passed by the Debts Recovery Tribunal ["Tribunal" for short] in its favour and the said decree has to be executed against the property of the company which, according to the applicant, is available (viz. Office Premises No. 12, First Floor, Janpath Complex, Ashram Road, Ahmedabad) and for that purpose, the Tribunal issued Recovery Certificate and forwarded it to the Recovery Officer who, in the process of execution of the decree, has attached the above mentioned property of the company. The Recovery Officer proposes to sell the said property for recovering the dues as per the decree.

(3.) It is also claimed that for the said purpose, the Recovery Officer requires physical possession of the property which, pursuant to the order of winding-up process, is in possession of the OL.