HOTEL AVION PRIVATE LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the Criminal Appeals are filed under Sec. 11 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 ('MPID Act') for challenging the orders passed by the Learned Special Judge of the MPID Court by which the learned Judge accepted the respondent no.3, as a successful bidder on 14/8/2018 in the auction proceedings for sale of Hotel Jal property.

(2.) Criminal Appeal No. 1127 of 2018 is filed under Sec. 11 of the MPID Act for challenging the Order dtd. 28/8/2018, by which Miscellaneous Application No. 1100 of 2018 preferred by the appellant was rejected; Order dtd. 30/8/2018, by which Miscellaneous Application No. 1099 of 2018 was partly allowed; and Order dtd. 14/8/2018, by which the respondent no. 3's Miscellaneous Application No. 186 of 2018 was allowed by the Special Judge MPID Act, Mumbai ("the Special Judge'). By way of amendment, the appellant also challenged the Orders dtd. 19/10/2018 below Exhibit 6 and 13/11/2018 below Exhibit 9 in Miscellaneous Application No. 186 of 2018, passed by the Special Judge. The appellant also prayed for directing the Competent Authority to forfeit the amount paid by respondent no. 3 as per the auction notice dtd. 10/1/2018.

(3.) The appellant has also preferred Criminal Appeal No. 1323 of 2018 for challenging the Order dtd. 19/10/2018, passed below Exhibit 8 in Miscellaneous Application No. 186 of 2018, by the Special Judge. Both the Appeals are heard together and disposed of by this common Judgment and Order.