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TMI Blog2020 (12) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... y,K.C. Rajput,K.C. Sinha,Mahesh Srivastava,Mis Laxmi Arvind,Mrs.V.D. Khanna,N.I.Jafri,Prabhakar Tripathi,S.C.,V K Saxena,W.H. Khan ORDER HON'BLE SURYA PRAKASH KESARWANI, J. 1. Heard Sri Vivek Saran holding brief of Sri Vikas Pathak, learned counsel for the petitioners and Sri W.H. Khan, learned Senior Advocate assisted by Sri Gulrez Khan, learned counsel for the applicants/respondent No.12. 2. Rejoinder affidavit dated 20.11.2020 in reply to the objection/counter affidavit of the petitioner no.1, dated 03.11.2020, has been filed today by learned counsel for the respondent no.12, which is taken on record. 3. Heard learned counsel for the petitioners and the learned counsel for the respondent no.12 on applications dated 9.09.2019, 30.11.2019 and 30.07.2020 filed by the respondent no.12 raising objection as to the maintainability of the present Company Petition. The respondent no.12 has raised objections in the aforesaid three applications that since the Companies Act, 1956 has been repealed and a new Act i.e. The Companies Act, 2013 and Insolvency and Bankruptcy Code 2016 have been enacted, therefore, by virtue of Section 434(1)(c) of the Act 2013 read with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition (c) No. 758 of 1996 (Jagriti Upbhogta Kalyan Parishad Ors. Vs. Union of India and Ors) was filed by the present petitioners before the Hon'ble Supreme Court under Article 32 of the Constitution of India. By order dated 13.01.2003, Hon'ble Supreme Court has disposed of the aforesaid writ petition as under:- This writ petition under Article 32 of the Constitution of India was filed in public interest, approximately six years earlier, bringing to the notice of this Court how various consumers, distributors and dealers of respondent No. 12 -M/s. S.B. Petroleum Ltd. spread in nine States, namely Madhya Pradesh, Maharashtra, Karnataka, Uttar Pradesh, Haryana, Rajasthan, Bihar, Delhi, Punjab were taken for a ride and cheated by collection of crores of rupees. According to the petitioners crores of rupees were syphoned and personal properties acquired. Various orders were passed by this Court from time to time against respondent. 12- Company and its Managing Director and his family members and also other Directors. Directions were also issued to various authorities noticing a total inaction on the part of the authorities. Some of the orders passed to which refere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e charge of the following bank accounts:- 1. Bank of Baroda, Aliganj Branch, Lucknow, Account No.Current A/c 391. 2. State Bank of India, Main Branch, Hajrat Ganj, Lucknow. 3. Syndicate Bank, Hajrat Ganj, Lucknow. 4. Oriental Bank of Commerce, Hajrat Ganj,Lucknow. 5. ABN Amro Bank, New Delhi. 6. State Bank of Indore, Hajrat Ganj, Current A/c No.207. 7. Bank of Baroda, Nishant Ganj, Lucknow A/c No.1673 8. Bank of Baroda A/c No.1730 9. Bank of Baroda, Gore Gaon, Bombay A/c No.3284 10. Bank of Baroda, Gandhi Dham, Gujrat A/c No.1366 11. Bank of Baroda, Gandhi Dham, Gujarat No.1465 12. Bank of Baroda, Asharami Ahmedabad, Gujarat A/c No.30157 13. Bank of Baroda, Aliganj, Lucknow, Krishna International A/c No.316 14. Bank of Baroda, Aliganj, Lucknow, SB International Oil Energy No.610 15. Bank of Baroda, Aliganj, Lucknow, SB Petroleum, Port Terminal A/c No.617 16. Bank of Baroda, Aliganj, Lucknow, Saushail Enterprises A/c No.618 17. Bank of Baroda, Aliganj, Lucknow, SBLPG Bottling, No.640 18. Bank of Baroda, Aliganj, Lucknow A/c No.493 19. Bank of Baroda, Aliganj, Lucknow. A/c No.6343 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.53, Min-Jumla, Rakba-0,737, Mouza-Mahuwan, Tehsil and Distt. Mathura, UP at Agra-Mathura Road. 23. Twenty Acres of land, Vill.Rampura-II, Pipavav port, Post- Uchaiya, Tehsil-Rajula, Distt. Amreli. 24. RECLAIM OF LOAN/ADVANCE TO: M/s Kashinath Kailashnath Jewellers Lucknow UP ₹ 25.00 lacs Refund of Security Deposit for land at Pipavav Port for LPG SKO Storage ₹ 7.00 lacs Sale of land at Mathura, Meerut Mainpuri ₹ 15.00 lacs 25. Investments made at Mohanlal Ganj, Lucknow, UP, such as: - LPG Bottling Plant ₹ 169.00 lac approx. SKO Storage Plant ₹ 130.00 lacs approx. f) The Special Commissioner would also take charge of the following FDRs:- 3rd August 1993 20 Lacs 18th December, 1993 15 lacs 5th May, 1994 10 lacs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Company as are attached under the orders of this Court to the Special Commissioner within 15 days of the appointment of the Special Commissioner. In respect of properties 20A/3, Gokhale Marg, Lucknow and B-65, Sector 'C' Mahanagar, Lucknow it has been claimed that these properties were acquired in 1981 and 1987 respectively by Smt.Abha Tiwari w/o VK Tiwari even before the formation of the Company and thus the plea is that these properties cannot be utilised for the alleged claims of any person against the Company. On the other hand, the claimants may dispute this factual statement and may also contend that for various reasons it would be permissible to lay hand to these properties as well. We have only noticed in brief the pleas which may be raised before the Special Commissioner. We however, express no opinion on any of the pleas . The Special Commissioner would examine the respective submissions in respect of these two properties and decide the matter in accordance with law as also the matters in respect of which mention has been made by his chartered accountant. k) The CBI and Economic Offences Wing, CID (UP) are directed to report the progress of the case bef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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