https://www.taxtmi.com/caselaws?id=300005 A Tribunal cannot summarily reject recovery proceedings on the ground that assignment and loan documents are insufficiently stamped without following the statutory procedure under the Gujarat Stamp Act; the impounding and reference process must be carried out in the manner prescribed, and the Tribunal lacked jurisdiction to bypass it. The Tribunal also could not decide at the threshold that the assignee lacked locus to pursue recovery under the RDB Act and SARFAESI Act merely because the assignment was in favour of a trust, as the nature of the assignment and maintainability raised contested legal and factual issues requiring trial. The impugned orders were quashed and the original applications restored for decision on merits, with all defences kept open. en-us Tue, 18 Oct 2016 00:00:00 +0530 Sat, 08 Jan 2022 09:46:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300005 A Tribunal cannot summarily reject recovery proceedings on the ground that assignment and loan documents are insufficiently stamped without following the statutory procedure under the Gujarat Stamp Act; the impounding and reference process must be carried out in the manner prescribed, and the Tribunal lacked jurisdiction to bypass it. The Tribunal also could not decide at the threshold that the assignee lacked locus to pursue recovery under the RDB Act and SARFAESI Act merely because the assignment was in favour of a trust, as the nature of the assignment and maintainability raised contested legal and factual issues requiring trial. The impugned orders were quashed and the original applications restored for decision on merits, with all defences kept open. Case-Laws Indian Laws Tue, 18 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300005