9911796707
TMI Blog2022 (8) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... that the original Title Deeds in respect of the several properties of the Company [in Liquidation] are not traceable or found, this Hon'ble Tribunal thinks it fit to pass the following orders:- The Liquidator shall make a paper publication informing the public that the original Title Deeds of the properties of the Company [in Liquidation] are untraceable and the certified copy obtained by the Liquidator of those properties shall be deemed to be the original Title Deeds - The Liquidator shall apply in the Office of the concerned Registrar of Assurances and obtain authenticated certified copy of each of Conveyance Deeds of the properties of the Company [in Liquidation]. Such Application for seeking copy of an authenticated certified co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019. (b) This Application i.e. I.A.(IB) No. 550/KB/2021 in C.P.(IB) No. 762/KB/2017 has been filed by the Liquidator seeking, inter alia, return of original Title Deeds of the property, more fully and particularly, described in the Application from the Debenture Trustees and seeking declaration that the Trust Deeds and the Deed of Mortgages, more fully and particularly, described in the Application and the prayers be declared null and void. The Liquidator has also prayed that the Scheduled Properties be permitted to be sold through a public auction. (c) Copies of the Application has been attempted to be served on all the Respondents. The Respondent Nos. 1, 4 and 5 have appeared in this proceeding and the Respondent Nos. 1, 4 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Title Deeds of such properties are not available with him and further such properties are shown mortgaged in favour of the Debenture Trustees in the portal of the Registrar of Companies, West Bengal and, therefore, not shown as encumbrance free. It is also submitted that there are several other properties of the Corporate Debtor of whose possession is with the Liquidator, however, the original title deeds are not traceable. (f) None of the Respondents have come forward to oppose this Application. Even though the Respondent Nos. 1, 4 and 5 have filed their reply affidavits to the Application, no cogent defense has been purported to be taken or advanced by such Respondents. The Respondent Nos. 1, 4 and 5 have appeared before us and h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumarduni, J.L.-40, P.S. - Amdanga, District - North 24 Parganas iv. All that piece and parcel of land admeasuring 0.93 Acres more or less along with building, plant and machinery in Mouza - Rautara, J.L.-39, P.S. - Amdanga, District - North 24 Parganas v. All that piece and parcel of land admeasuring 3 acres 91 satak more or less in Mouza - Tentulia, J.L.-55, P.S. - Amdanga, District - North 24 Parganas vi. All that piece and parcel of land admeasuring 17 acres 19 satak more or less in Mouza Taraberia, J.L.-51, P.S. - Amdanga, District - North 24 Parganas vii. All that Unit/Office Space No. 9C(B) on the 9th Floor, Wing-C, Unit-B with Super Built up area 5893.50 Sq. Ft. along with 3 Nos. of covered car parking space bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be deemed to be the original Title Deeds. ii) The Liquidator shall apply in the Office of the concerned Registrar of Assurances and obtain authenticated certified copy of each of Conveyance Deeds of the properties of the Company [in Liquidation]. Such Application for seeking copy of an authenticated certified copy of the Conveyance Deeds shall be made by the Liquidator by making specific reference to the order passed by this Tribunal. iii) The authenticated certified copies of the Conveyance Deeds shall once receive by the Liquidator be deemed to be the original Title Deeds pertaining to the concerned properties. iv) There shall also be an order in terms of prayer (d) of the Application and, thus, the Trust Deeds dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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