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Supreme Court of India 2017-12-05 allowed

Bank of India vs Yadav Consultancy Services (P) Ltd. and Ors

Bench: 2 — R. Banumathi

In Brief

Bank of India appointed Yadav Consultancy as court commissioner to handle an auctioned property during debt recovery proceedings. The bank paid security charges until physical possession was handed to auction purchasers in November 2006. The DRT ruled the auction purchasers must bear future charges. The consultant later claimed unpaid charges before an MSMEDF Council, which awarded him ₹1.63 crore. The Supreme Court held the MSMEDF Council lacked jurisdiction since the dispute had been adjudicated by the DRT and accepted by the parties. The bank's obligation ended when possession passed to the purchasers. The appeal was allowed and the award set aside.

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Debt Recovery Jurisdiction Arbitration and Conciliation MSMED Act Court Commissioner Auction and Sale Recovery of Debts due to Banks and Financial Institutions Act

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