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2020 (9) TMI 1181

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..... king into consideration, the said representation, we direct the Applicant to pay the remaining amount of ₹ 120 Lakhs to the Liquidator within seven days from the date of receipt of the Order. Further, the Applicant is also directed to pay a um of ₹ 6 Lakhs to the Liquidator towards Maintenance Security Deposit within the said period of 7 days from the date of receipt of this order and the same to be remitted to DLF. Upon receiving the total bid amount and the Maintenance Security Deposit, the Liquidator is directed to execute the sale deed and hand over the possession of the property along with title documents within a period of 7 days thereafter and further it is clarified that the Liquidator will pay the pending tax arrears to .....

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..... tal consideration amount and provide extension of time to pay pending ₹ 120 Lakhs, subject to provide all the title documents for due and provide extension of time to pay pending ₹ 120 Lakhs subject to provide all the title documents for due diligence as the huge stake in the shape of money is involved in it. d. AND Direct that the Respondent Liquidator to hand over peaceful possession of the property along with the title documents, provide NOC from the authorities by discharging their pending tax and maintenance or any other statutory dues to authorities. e. AND Further request to monitor the functioning of ongoing proceeding or in addition appoint any other independent person / unbiased to proceed with the sale pro .....

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..... ever it is stated the Respondent has given an evasive reply. 7. The Learned Counsel for the Applicant submitted that the Applicant had completely discharged his obligations as stipulated by the Liquidator by remitting the EMD of Rs.IO Lakhs and by bidding the property for the consolidated bid amount of ₹ 130 Lakhs and therefore it was submitted by the Learned Counsel for the Applicant that demand of ₹ 6 Lakhs by the Liquidator from the Applicant to consummate the sale, was unwarranted for. 8. Heard the Learned Counsel for the Applicant and Respondent and perused the records. From the arguments advanced by the Learned Counsel for the Applicant it is seen that the issue which has to be decided is whether the Applicant is lia .....

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..... ng clarification from this Tribunal is strange on the part of the Applicant. Hence, the Applicant is directed to pay the said sum of ₹ 6 Lakhs as Maintenance Security Deposit with the Liquidator over and above the successful bid price amount of ₹ 130 Lakhs. 12. During the course of arguments, it was submitted by the Learned Counsel for the Liquidator that certain dues are payable to the Corporation (MCD) and the Liquidator has undertaken to pay the same as of date; let the same be duly paid by the Liquidator. 13. As regards the payment made by the Applicant, it is seen that the Applicant has paid a sum of ₹ 10 Lakhs as EMD and the remaining sum of ₹ 120 Lakhs is yet to be paid and the Counsel for the Applicant .....

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