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2000 (9) TMI 931 - SUPREME COURTWhether after an order passed in execution proceedings for the sale of plant, machinery and movable lying at the factory, can the same Court later pass an order for sale of the factory of the company as a ‘going concern’? Held that:- After considering submission of the learned counsel for the parties, we are granting this indulgence, by permitting the sale of the company as a ‘going concern’ with certain conditions only. The Official Liquidator for this purpose shall advertise the sale of the company in liquidation-judgment-debtor as a ‘going concern’ as ordered by the High Court. Such publication shall indicate that the reserve price, shall be the amount equal to the total decree including interest which has accrued upto 31-12-1999 in favour of the appellant-bank, and shall also has to pay the balance interest which accrues, till full payment is made. The publication shall also indicate that purchaser has also to pay the liabilities of other claimants in the proceeding for the liquidation of the company.
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