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TMI Blog2021 (9) TMI 1388X X X X Extracts X X X X X X X X Extracts X X X X ..... the Intervener. JUDGMENT By way of this petition, the petitioners have prayed for the following reliefs:- "(i) (a) By way of writ, order or directions the respondents may very kindly be directed to clear the lien note (Rapat No.628) given on the revenue Record of bid property and transfer the same in the name of the petitioners, within short stipulated time; (b) By way of, the writ, order or directions, respondent No.2 may very kindly be directed to pay 18% interest on the initial bid amount taken by them from petitioners." 2. Facts are not much in dispute. Respondent No.1 invited bids for the sale of property of M/s Shivalik Fibers Pvt. Limited, situated at Muhal Ranguwal, Tehsil Nalagarh, District Solan, H.P. under the SARFAESI A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioners and to direct respondents No.2 and 3 to clear the lien note (Rapat No.628) given on the revenue Record of bid property and transfer the same in the name of the petitioners, within short stipulated time. 4. The respondents have not disputed the factum of the issue raised in the present petition being covered by the judgment passed by this Court in CWP No.1638 of 2017, titled as Punjab National Bank and others Versus State of Himachal Pradesh and Others, decided on 19.05.2021. However, learned Additional Advocate General submits that the petition be disposed of in terms of the above judgment, but without prejudice to the legal rights of the respondent/State as the State intends to challenge the judgment passed by this Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the provisions of Section 26 of the H.P. Vat Act, 2005 shall have to give way to the provisions of Section 26E of the SARFAESI Act, 2002 and Section 31B of the RDB Act, 1993. 8. As a consequence thereof, respondent No.1 is directed to issue the Sale Certificate, in favour of the petitioners and respondents No.2 and 3 are directed to clear the lien note (Rapat No.628) given on the revenue record of bid property and transfer the same in the name of the petitioners, within short stipulated time. 9. It is clarified that respondent-Bank shall issue the sale certificate in favour of the petitioners within two weeks from today. 10. It is further clarified that the rigors of the SARFAESI ACT, 2002 with regard to the period within which th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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