BANK OF BARODA Vs. RELIABLE CONSTRUCTION COMPANY

JUDGEMENT

(1.) CHALLENGING the order dated 30 th September 2011 Annexure P/7 passed by the Debts Recovery Appellate Tribunal, Delhi in Appeal No.R -1194/2010 remanding certain disputes arising between the parties in proceeding initiated under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "SARFAESI Act of 2002"), this writ petition has been filed by the Bank in question.

(2.) FACTS in brief go to show that the respondent Company namely M/s Reliable Construction Company is a partnership firm having its registered office in Madan Mahal, Jabalpur. It is engaged in certain civil construction activity.

(3.) SHRI Mehndiratta, learned counsel for the petitioners took us through the provision of Section 13 of the Act and argued that every measure initiated under Section 13 is an independent action and when against every measure an appeal could be filed under Section 18, the Tribunal conducted an error in directing the measures taken under Section 13(4) to be reconsidered, when once it had held in the first part of the order that challenge to certain measures taken under Section 13(4) are barred by the time. By referring to the findings recorded by the Tribunal as reproduced herein above, Shri Mehndiratta tried to emphasize that the Tribunal has committed an error in holding and reopening the matter, once it had come to the conclusion that measures taken under Section 13(4) are to be treated as time barred. It was emphasized by him that the Appellate Tribunal in remanding the entire matter has committed an error.