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2024 (2) TMI 1260

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..... & I.A. No. 1641, 4163 of 2024 - -
Insolvency & Bankruptcy
[ Justice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Arun Baroka ] Member ( Technical ) For the Appellant : Mr. Dhruv Gupta, Advocate with Mr. Vaibhav Mahajan , Advocate ORDER ( Hybrid Mode ) Heard Learned Counsel for the Appellant. 2. This Appeal has been filed against the Order dated 12.12.2023 .....

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..... the Sale process itself, shall strictly adhere to the provisions of the law; d) That this Hon'ble Tribunal be pleased to issue a directive to prohibit the Respondent from advancing with the E-Auction subsequent to the issuance of the Notice dated 07.07.2023 for the Sale of Corporate Debtor's Assets; e) That this Hon'ble Tribunal be pleased to issue n direction to maintain the status .....

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..... en only one hour time for inspection and non-refundable EMD was demanded. 4. The Adjudicating Authority by the Impugned Order has rejected the Application holding that in third round of e-auction conducted by the Respondent property lot-III as is specified in e-auction notice dated 07th July, 2023 also stands sold. 5. The grievance of the Appellant is that in the process document, the time for p .....

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..... cument only 10 days time is allowed for making payment whereas regulation provides for 90 days, it is well settled that in event of conflict between a clause in the process document and the regulations, it is the regulation which will override. The question of payment arises only when auction is confirmed and when bidder is declared a successful bidder. It is not the case of the Appellant that App .....

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