The Pegional Director, Employees State Insurance Corporation v. K. Lifestype And Industrial Ltd And ORS

osk 37-wp-6229-2014.odt

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6229 OF 2014 WITH CIVIL APPLICATION NO.2790 OF 2014 The Regional Director ...

Petitioner Employees State Insurance Corporation vs.

K. Lifestyle & Industries Ltd. & Ors.

...

Respondents Mr. H. V. Mehta, for the Petitioner.

Mr. Ajit Anekar i/b M/s.Auris Legal for Respondent No.1. Mr. S.C. Naidu with Mr. T.R. Yadav i/b M/s.C.R.Naidu & Co., for Respondent No.2.

CORAM : A.S. OKA & K.R. SHRIRAM, JJ.

DATE : 20TH AUGUST, 2015 P.C.:

1.

The learned Counsel for the petitioner seeks leave to amend the petition for challenging the auction held under the Securatization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Apart from the issue of the delay, the petitioner has a remedy available under the statute. 2.

Perusal of the petition shows that there is only substantive prayer which is prayer clause (a).

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osk 37-wp-6229-2014.odt 3.

Unless there is a challenge to the auction, no relief can be granted in this petition.

4.

Accordingly the petition is rejected. However, it will be open for the petitioner to adopt appropriate proceeding for challenging auction subject to the objection of delay.

5.

The Civil Application No. 2790 of 2014 does not survive. Hence, it is disposed of accordingly.

(K.R. SHRIRAM, J.) (A. S. OKA, J.) 2/2