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2022 (2) TMI 412 - Tri - Insolvency and BankruptcyLiquidation of Corporate Debtor - section 60(5) read with section 45 and section 66 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- Despite the fact that as per clause 9 of the agreement of sale dated September 2, 2016 the respondent is entitled to three car parking spaces, the applicant-liquidator refused to mention the same in the revised agreement of sale to be registered by and between the applicant liquidator on behalf of the corporate debtor and respondent. The fact of dispute in relation to the allotment of car parking space in evident from the e-mail communications between the parties which are annexed to the Interlocutory Application No. 535 of 2021 filed by the respondent herein. Hence, it is evident that the only issue and dispute which stood between the parties was in relation to mentioning of car parking spaces in the agreement. Rest all of the terms and conditions including advances money paid and balance payable were finalized and agreeable to both the parties herein. The respondent herein along with the mentioned cheques had also issued cheques No. 000024 of ₹ 30,50,000, dated February 10, 2021 towards the full and final payment of the balance consideration as mentioned above. However, due to on-going disputes and refusal of the applicant liquidator to insert allotment of 3 car parking space in the revised agreement of sale, the respondent herein was constrained to issue directions to his bank to "Stop Payment" of said cheque of ₹ 30,50,000 - respondent, therefore, prays that applicant liquidator be hereby directed to register the agreement for sale in favour of the respondent at the earliest. The respondent undertakes to pay the balance consideration of ₹ 30,50,000 (after deducting necessary TDS) on the registration of the agreement. The respondent is directed to deposit balance amount with the liquidator within 15 days. On receipt of balance sale consideration liquidator shall go ahead for execution of sale agreement - If the respondent fails to deposit balance amount within the stipulated time liquidator is directed to take necessary steps for fresh sale of subject property of this application - application disposed off.
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