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2022 (3) TMI 991 - NATIONAL COMPANY LAW TRIBUNAL , CHANDIGARH BENCHSeeking revival of the BIFR - direction to Respondent No. 1 and 2 to release the FDR deposited by the applicant in terms of order passed AIFR - HELD THAT:- It may be noted that respondent No. 4 and 5 (being Bankers) have been impleaded vide order dated 15.09.2021 by this Adjudicating Authority and the respondent No. 4 and 5 were directed to trace out the original record pertaining to FDRs. On 02.12.2021, it was stated by Mr. Gurpreet Singh, Branch Manager on behalf of respondent No. 4 & 5 that above said original FDRs are not available in the Bank record, however scanned copies of FDRs have been handed over to the learned counsel for the applicant. It can be safely concluded that original FDRs have been misplaced and are not traceable despite all efforts and sources. It is expedient in the interest of justice, that when the applicant is admittedly entitled to encash the said FDRs then respondent Nos. 4 & 5 are directed to prepare duplicate FDRs from scanned copies of FDRs and encash the said amount to be transferred to Bank account of applicant which in turn is required to be paid to Respondent No. 3. Application allowed.
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