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1982 Supreme(Cal) 347

SABYASACHI MUKHARJEE, SUHAS C.SEN
WEST BENGAL FINANCIAL CORPORATION – Appellant
Versus
BERTRAM SCOTT (I) LTD. (IN LIQUIDATION) – Respondent


Advocates Appeared:
B.K.BACHAVAT, PRATAP CHATTERJI, SANKAR MITRA, SHIVAJI MITRA

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an appeal from an order of the learned trial Judge passed on Dec. 14. 1978 on an application under Sections 31 and 32 of the West Bengal Financial Corporation Act, 1951 for sale of charged properties in favour of the West Bengal Financial Corporation. The claim of the petitioner. West Bengal Financial Corporation was not disputed and the learned Judge held, it had been verified from the record of the Company in the possession of the Official Liquidator and after taking into account the claims in terms of the mortgage deed between the Company (in liquidation) and West Bengal Financial Corporation the total claim on account of principal amount, interest. insurance charges and consultant fees up to August. 1977 was a total sum of Rs. 15,65,000 which was declared to be due and payable by the company as secured creditor in respect of the properties mentioned in Annexure A to the mortgage. deed dated 9th February. 1972. The learned Judge thereafter directed payment of the said amount by the Official Liquidator, who was in possession of the mortgaged properties of the petitioning creditor which was securer) for its claim out of the sale proceeds of t







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