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2019 Supreme(SC) 1222

MOHAN M.SHANTANAGOUDAR, AJAY RASTOGI
IDBI Bank Limited Through DGM (Legal) – Appellant
Versus
Official Liquidator, Office of the Official Liquidator of Companies – Respondent


Advocates Appeared:
For the Petitioner(s): Ms. Astha Tyagi, AOR Mr. Sumit Gupta, Adv. Ms. Shivangi Khanna, Adv. Ms. Madhu Shweta, Adv. Mr. Subhashree Mohapatra, Adv. Mr. Siddharth Raj Agarwal, Adv.
For the Respondent(s): Mr. Vijay Kumar, AOR Mr. K.K. Mani, AOR

JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. The instant SLPs have been preferred by IDBI Bank (erstwhile United Western Bank) (hereinafter “the Petitioner”) against the judgments dated 17.08.2009 and 28.07.2017 passed by the High Court of Judicature at Madras in O.S.A. No. 284 of 2003 and O.S.A. No. 396 of 2013 respectively, which relate to Company Petition (C.P.) No. 179 of 2001. Vide the impugned judgments, the High Court dismissed an application seeking the execution of a sale deed in favour of the Petitioner by one Kothari Orient Finance Limited (hereinafter “KOFL”) and also revived the winding up proceedings initiated against KOFL.

2. The factual background to the instant petitions is as follows:

2.1 On 20.03.1992, KOFL availed a working capital loan of Rs. 55 lakhs from the erstwhile United Western Bank (now taken over by the Petitioner). As on 31.03.1999, the amount owed was Rs.60.55 lakhs. KOFL defaulted on the same. Consequently, it proposed a one-time settlement to the Petitioner for repayment of its dues. Towards this end, KOFL offered to sell its property - Office Space Nos. 102 and 103, 1st Floor, Prestige Point, admeasuring 2056.89 sq. ft. and situated at No. 33, Haddows Ro

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