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    <title>2024 (5) TMI 1654 - MADHYA PRADESH HIGH COURT</title>
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    <description>A writ challenging DRT recovery proceedings affecting properties within the HC&#039;s territorial limits was held maintainable despite objections of absence of &quot;State&quot; respondents, territorial jurisdiction, and alternative remedy, since the impugned action directly impacted property rights and was alleged to be per incuriam/sub silentio to prior HC/SC orders; hence, no bar of alternate remedy applied. On merits, the HC found that the compromise scheme order had been complied with as settlement dues to the secured creditor were paid as evidenced by affidavit and demand drafts, and subsequent amalgamation and assignment rendered the assignee entitled to prosecute the OA; the DRT proceedings were not arbitrary or violative of constitutional rights. The writ was dismissed and admission declined.</description>
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    <pubDate>Wed, 08 May 2024 00:00:00 +0530</pubDate>
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      <title>2024 (5) TMI 1654 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=465778</link>
      <description>A writ challenging DRT recovery proceedings affecting properties within the HC&#039;s territorial limits was held maintainable despite objections of absence of &quot;State&quot; respondents, territorial jurisdiction, and alternative remedy, since the impugned action directly impacted property rights and was alleged to be per incuriam/sub silentio to prior HC/SC orders; hence, no bar of alternate remedy applied. On merits, the HC found that the compromise scheme order had been complied with as settlement dues to the secured creditor were paid as evidenced by affidavit and demand drafts, and subsequent amalgamation and assignment rendered the assignee entitled to prosecute the OA; the DRT proceedings were not arbitrary or violative of constitutional rights. The writ was dismissed and admission declined.</description>
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      <pubDate>Wed, 08 May 2024 00:00:00 +0530</pubDate>
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