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2011 (1) TMI 1143 - HC - Companies LawWinding up - applicant is a certificate debtor along with the company in liquidation in proceedings before the Debts Recovery Tribunal - applicant as well as the company in liquidation are debtors before the Debts Recovery Tribunal. Before it the applicant is liable as a guarantor. The same applicant is a respondent-director in the misfeasance proceedings started in connection with the liquidation proceedings – Held that:- Tribunal with the power to decide an application before it like a suit. It has power to decide set off and counter claims. Then in section 19(13A), the Tribunal has the power to pass an order asking for security, attachment of property and the like. If the Tribunal has the power to order attachment of property, the power to decide the title to that property is incidental to it, Recovery Officer does not have any such power, Recovery is underway. Misfeasance proceedings have not reached that stage before this court, recovery proceedings against applicant/respondent No. 2 will remain suspended till determination of this question by the Tribunal. This order is conditional upon the applicant
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