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2018 Supreme(Del) 462

JAYANT NATH
Minnie Pan (India) P. Ltd. – Appellant
Versus
Eurobike Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rachit Mittal, Ms. Tanvi Aggarwal, Mr. Mukesh Kumar Singh, Mr. Sonal Kumar Singh
For the Respondents: Mr. Arjun Singh Bhati, Ms. Isha Khanna

JUDGMENT :

JAYANT NATH, J.

CA No. 122/2015 and 1258/2006

1. CA No. 122/2015 has been filed by the Auction Purchaser-M/s. Real Contracts Pvt. Ltd. seeking a direction to the Noida Authority for transferring/mutation of the property bearing No. C-6, Phase II, Noida U.P. in favour of the applicant on payment of transfer charges as recorded by this court in its order dated 29.07.2004.

2. CA No. 1258/2006 is filed by UPFC for modification of the order dated 29.07.2004.

3. Some of the brief facts are that the respondent Company-M/s. Eurobike Ltd. went into winding up some time in 1999. The OL took charge of the assets of the company on 06.10.1999. It is the case of the UPFC that it is a secured creditor and the property in question i.e. C-6, Phase II, Noida U.P. was charged to it. This court on 13.12.2001 permitted the OL to dispose of the said property by way of auction.

4. It is in this background that some of the orders passed by this court would be relevant. On 20.11.2003, this court had noted that sale proclamation had been issued by UPFC in respect of the said property and only one offer had been received. Earlier, efforts were made seven times but only one tender was received which was



































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