Exclusive Capital Ltd. Through Mr. Achal Jindal Vs. Sapan Mohan Garg RP of Leading Hotels Ltd. and Anr. – NCLAT New Delhi
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A Writ Petition is filed by Borrower challenging the order passed by the CJM by which, an Advocate Commissioner was appointed for taking physical possession of the property and hand over to the secured creditor.
Hon’ble Madras High Court referring judgments in Union Bank of India v. Satyawadi Tondon and Ors. (2017) ibclaw.in 81 SC and South Indian Bank Ltd. and Ors. v. Naveen Mathew Philip and Anr, (2023) ibclaw.in 47 SC and held that the Writ Petition is not maintainable.
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