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2002 Supreme(AP) 1184

N.V.RAMANA
Syndicate Bank, Hyderabad – Appellant
Versus
A. P. Steels Limited, Hyderabad – Respondent


N. V. RAMANA, J.

( 1 ) THIS application, filed by one of the respondents in R. C. C. No. 2 of 1995 i. e. Syndicate Bank, under Rule 9 of the company (Court) Rules, 1959 (for short the Rules ) raises an important question as to the right of a secured creditor to seek transfer or assets to the Debts Recovery tribunal (DRT), By this application, the applicant seeks a direction to the Official liquidator to transfer all the assets, moveable and immoveable properties and liquid cash of A. P. Steels Limited-1st respondent company to the Recovery Officer of the drt as per R. P. No. 90 of 2002, on the file of the DRT. The applicant also seeks stay of all further proceedings in C. A. No. 354 of 2002 in RCC No. 2 of 1995. Facts in brief

( 2 ) IT is the case of the applicant that they filed OA No. 925 of 1999 before the drt, Hyderabad, for recovery of rs. 2,91,27,334/-, that in the said application all the other respondents, except 9th respondent herein are parties, that one of the respondents, namely Andhra Bank has put up a claim for Rs. 1,05,71,000/- against the applicant, that the DRT vide orders dated 1-3-2002 allowed the claim of the applicant and rejected the claim of the 2nd respondent

























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