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2023 (12) TMI 961

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..... raborty, Adv. Ms. Yashika Sharma, Adv. Mr. Neeraj Kishan Kaul, Sr. Adv. Mr. Nakul Dewan, Sr. Adv. Mr. Rohit Anil Rathi, AOR Mr. Toshiv Goyal, Adv. Mr. Ritwik Mohapatra, Adv. Mr. Dhruv Sharma, Adv. Mr. Raghav Agarwal, Adv. Mr. Neil Chatterjee, Adv. Mr. Yashas Rk, Adv. For the Respondent(s) Mr. Anand Varma, AOR Ms. Adyasha Nanda, Adv. Mr. Ashish Choudhury, Adv. Mr. Akash Agarwal, Adv. Mr. Rohit Am .....

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..... respect of properties mortgaged by the borrower (respondent no.1 in this case, now represented before us by the Liquidator appointed under the provisions of the Insolvency and Bankruptcy Code, 2016) for availing credit facilities. The latter had defaulted in repayment of the same. It is the case of the appellant that payment was completed by it on 16.08.2019. An operational creditor filed a petit .....

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..... cating Authority, which was dismissed on 14.02.2022, by a 2:1 majority decision, with a technical member of the Appellate Tribunal taking a dissenting view. 2. Though both the erstwhile Director and the Liquidator have filed counter-affidavits contesting the auction sale under the SARFAESI Act, 2002, at the time of hearing before us, the learned counsel representing them conceded the legitimacy .....

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..... " This view has been subsequently followed by a Coordinate Bench of this Court in the case of SLP(C)No. 16949 of 2022 titled "Inspector General of Registration and Another -vs- G. Madhurambal and Another" decided on 11.11.2022. 4. As we have already indicated, the Liquidator (now representing the Corporate Debtor in liquidation), the erstwhile Director/Promoter of the Corporate Debtor as also .....

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