9911796707
TMI Blog2022 (3) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... d copies of FDRs have been handed over to the learned counsel for the applicant. It can be safely concluded that original FDRs have been misplaced and are not traceable despite all efforts and sources. It is expedient in the interest of justice, that when the applicant is admittedly entitled to encash the said FDRs then respondent Nos. 4 5 are directed to prepare duplicate FDRs from scanned copies of FDRs and encash the said amount to be transferred to Bank account of applicant which in turn is required to be paid to Respondent No. 3. Application allowed. - IA No. 913/2020 in BIFR Case No. 342 of 2003, Case No. 45 of 2005 and AAIFR Appeal No. 100 of 2015 - - - Dated:- 11-3-2022 - Harnam Singh Thakur, Member (J) And Subrata Kumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 3 after lot of correspondence and negotiations were arrived at a settlement (Annexure A-9). As per the settlement, the applicant had to withdraw the above said FDRs and to encash the FDRs and then deposit the said amount with the respondent No. 3, as per the settlement. Thereafter, the applicant requested the respondent No. 2 (custodian of FDRs) to release the FDRs as per the settlement (Annexure A-11). Respondent No. 2 wrote a letter to the respondent No. 1 to take necessary action after the AAIFR and BIFR were disbanded (Annexure A-12). Respondent No. 1 sought status from the Hon'ble NCLT (Delhi) about the FDRs. The Hon'ble NCLT (Delhi) responded that they do not have the record (Annexure A-14). 5. It is further submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e custody of the said FDRs nor the same were ever received by the answering respondent. No reply has been filed by Respondent No. 2. 10. The Respondent No. 3 filed its reply vide Diary No. 01867/2 dated 14.07.2021 wherein it has stated after the disbanding of the Hon'ble AAIFR and BIFR w.e.f. December, 2016, the entire records of these authorities are in the custody of respondents No. 1 and 2 and lying of two FDRs in the record of Appeal No. 100 of 2015 earlier pending before Hon'ble AAIFR is of no use of respondent No. 1 and 2 and the same has to be returned to the applicant, answering respondent has no objection, if appropriate directions are issued to the respondent No. 1 and 2 for release of two FDRs which are lying in the cu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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