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2017 (7) TMI 1426

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..... rs under the SARFAESI Act, 2002, the applicant bank through its authorised officer has taken over the actual physical possession of the mortgaged property as also the hypothecated stocks and goods lying in the shop by Possession Notices dated 26.02.2014 and inventory of goods has been prepared. The applicant Bank vide letter dated 21.12.2015 has intimated to the OL of e-auction sale notice to be held 19.01.2016. It is submitted that the permission was sought from the OL to sell the stocks and goods with a request that the auction sale consideration received would be remitted to the OL but the OL has not responded to the said request. It is submitted that the value of the hypothecated goods and stocks lying in the premises is being depreciat .....

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..... stands allowed. The OL is also permitted to make payment of the bills for the further period after proper examination as and when the same are received and that for this purpose the OL may take a loan from the Common Pool Fund and in the absence of sufficient funds, of course, after getting reimbursement from the secured creditors. The application stands disposed of. CA No.324/2017 This application is for de-sealing of Shop No.19, Ground Floor, Rave Moti Mall, Kanpur (Uttar Pradesh) on the ground that this premises was given on rent by the applicant to the company in liquidation. It is admitted by the learned counsel for the Official Liquidator that the security deposit to the tune of Rs.1,65,870/- has been deposited by the landlord with .....

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..... 5/1/15, 2906/1/15, 2908/1/15 and 2911/1/15. The application stands disposed of. CA No.52/2017 This application is moved by the applicant for seeking permission of this Court to continue with the Complaint Case No.2913/1/15, 2914/1/15 and 2912/1/15 as mentioned in para 3 of the application under Section 138 read with Section 142 of the Negotiable Instruments Act against the Respondent and its directors pending before the learned Metropolitan Magistrate. The Official Liquidator has not filed any reply to this application. The Provisional Liquidator in the present case was appointed on 28.02.2013 and the complaint was filed after the appointment of the Provisional Liquidator. Mr. Mayank Goel, learned counsel for the OL submits that without .....

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