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2018 Supreme(Chh) 213

SANJAY K.AGRAWAL
Maheshwari Steels – Appellant
Versus
Chhattisgarh State Power Distribution Company Limited – Respondent


Advocate Appeared:
For the Petitioner:Mr. P.R. Patankar, Advocate.
For Respondents:Mr. K.R. Nair and Ms. Veena Nair, Advocates, Mr. Sachin Singh Rajput, Advocate.

ORDER :

1. Punjab National Bank – respondent No.3 herein auctioned the subject property owned by M/s. Nibi Steels Limited in favour of the petitioner herein under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') and the rules made thereunder. Accordingly, sale certificate was issued in favour of the petitioner under Rule 9(6) of the Security Interest (Enforcement) Rules, 2002. Thereafter, the District Trade and Industries Centre, Durg, granted exemption from payment of stamp duty for execution of lease deed holding that it is a declared sick industry under the Chhattisgarh Band Avam Bimar Udyogon Hetu Vishesh Protsahan Niti 2016 and thereafter, lease deed was executed in favour of the petitioner by the Chief General Manager, District Trade and Industries Centre, Durg on 5-5-2017 for a period of 62 years. The State Government by its memo dated 29-12-2016 allowed the transfer of subject property by M/s. Nibi Steels Limited in favour of the petitioner herein subject to condition that all dues payable if any found outstanding to any Government/Semi-Government/ Local Body/Financial I





























































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