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1984 Supreme(Kar) 332

M.P.CHANDRAKANTARAJ
KARNATAKA BANK LTD. – Appellant
Versus
CRAFT TOOLS PVT. LTD. – Respondent


Advocates:
Kadidal Manjappa, S.Vyayashankar, UDAYA HOLLA

M. P. CHANDRAKANTARAJ, J.

( 1 ) THESE two applications under Sec. 446 (2) (b) of the COMPANIES ACT, 1956, (hereinafter referred to as the Act) are disposed of by the following common order as a common question of law arises for consideration in both the applications. The applicant in CA. No. 617/82 is the Karnataka Bank Ltd. , a Banking concern incorporated under the Banking Companies act. It is represented by its Manager at the Harihar branch who is also its duly authorised power of attorney holder. The applicant-Bank claims to be a secured creditor of the respondent - M/s Craft Tools pvt. Ltd. , which has been ordered to be wound up by this Court. The respondent is represented by the Official Liquidator who is the Liquidator of the Company in question. The Bank claims to have advanced a little over Rs. 9,74,259. 04 as pronote loans in certain sums on four hypothecation deeds in respect of machinery and stock-in-trade. The prayer in the application is that the Official Liquidator may be directed to hand over all moveable situated in the factory premises of the Company in liquidation at Harihar including the machinery and stock in trade which is said to be hypothecated under the fou


















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