2009 (8) TMI 1279

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..... ial Liquidator for Respondent(s) : 1. Mr. JS Yadav for Respondent(s) : 1. ORAL ORDER 1. Present application has been preferred by the applicant bank to direct the Official Liquidator to remove the seal applied on the shop No.228 of Trade Centre situated at Land bearing Nondh No.2024/2 to 2024/5 of Umarvada, City Surat, Taluka : Choryasi, District : Surat. 2. Heard Mr. Panchal, learned advocat .....

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..... record of the three suits together with the documents produced by the bank on behalf of the applicant. It has further submitted that in those suits, the awards have been passed by the learned Nominees against the principal debtor as well as Surendra K. Agrawal, who stood as guarantor, through his legal heirs, who were joined as parties to the proceedings. It is further submitted that the based on .....

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..... e Directors shown are as that of Shailendra Biharilal Agrawal, Rekha Shailendra Agrawal, Anu Shailendra Agrawal and Anand Shailendra Agrawal and no material is produced or any the books of Company showing that property was shown as belonging to the company in liquidation. 5. Aforesaid goes to show that Surendra K. Agrawal was not director of the Company in liquidation. Further the documents produ .....

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..... y in liquidation, but it appears that it belonged to Surendra K. Agrawal and he appears to be brother of Shailendra, who was one of the Directors of the company in liquidation. The same is coupled with the circumstances that no material of any books of Account or record is lying in side of the shop over which seals are applied by the Official Liquidator. 7. Under these circumstances, as the prope .....

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..... clarified that this Court had examined the matter only for the purpose of ascertaining as to whether the company in liquidation is the owner of the shop or not and any observation made qua the ownership of Surendra K. Agrawal may not be treated as conclusive against the rights of any other party, if such parties are claiming interest directly or indirectly in the said shop except the company in li .....

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