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2019 (10) TMI 892

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..... he instruction of Resolution Professional more than 180 days have been passed. In absence of any infirmity, we are not inclined to interfere with the order of liquidation dated 5th December, 2018. In the absence of any application u/s 60 filed by the Appellant before the Adjudicating Authority, the Adjudicating Authority has not decided such issue. Appeal dismissed. - Company Appeal (AT) .....

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..... ed and order of liquidation has been passed. 2. Initially, when the matter was taken up, one Mr. Shubhank Arsen Gupta, Advocate appeared and submitted that property, in question, of contd. which Sale Deed was executed in favour of the Corporate Debtor was not given effect as the cheque given by the Corporate Debtor could not be encashed. Therefore, according to the Appellant .....

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..... gistry or depositary recording securities etc. It is further submitted that two immovable properties, in question, were transferred, by Registered Sale Deeds. Registered Sale Deed also include the Construction Agreements which were also registered. 5. Initially, Mr. Kushal Bansal, learned counsel for the Appellant prayed for pass-over to allow Mr. Shubhank Arsen Gupta to argue. H .....

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..... ever stand is taken by the liquidator should be communicated to the Appellant. 8. We may make it clear that in the absence of any application u/s 60 filed by the Appellant before the Adjudicating Authority, the Adjudicating Authority has not decided such issue. 9. For the said reason, we are not inclined to decide any such issue in the present appeal. .....

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