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        Indian Laws

        Validity of Sale Certificate issued in favour of the Auction...

        Supreme Court rules High Court's stay on DRAT order unjustified; sale certificate validity upheld u/s 17.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Validity of Sale Certificate issued in favour of the Auction Purchaser - This is a case where the Company, with its own independent identity, is contesting the proceedings. It is apparent that the Directors were also contesting the matter by filing the Section 17 application. Even the legal representatives of one of the deceased Directors were party to the application under Section 17. Further, DRAT came to the conclusion that the original order passed by the DRT has been arrived at after a detailed consideration and that there is no justifiable ground for invoking the review jurisdiction. For granting or refusing to grant an interim order, the above referred facts were more than sufficient. - The High Court was not justified in staying the operation of the order of the DRAT - SC
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