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2015 Supreme(Guj) 986

V.M.PANCHOLI
Kotak Mahindra Bank Ltd. – Appellant
Versus
Official Liquidator of Clarisis Organics Ltd. – Respondent


Advocates Appeared:
For the Applicant No. 1 :Navin K. Pahwa, Advocate.
For the Respondent No. 1:Amee Yajnik, Advocate.
For the Respondent No. 2:Ashok L. Shah, Advocate With Pavan S. Godiawala, Advocate.

JUDGMENT :

V.M. Pancholi, J.

The applicant-Kotak Mahindra Bank Limited has taken out the Judges' summons in which the following relief is prayed :

"1(A) That this Hon'ble Court may be pleased to direct the respondent Official Liquidator who is appointed as Provisional Liquidator pursuant to order dated 8.2.2011 made by this Hon'ble Court in Company Petition No. 50/2010, to hand over possession of the secured assets particularly described in the schedule annexed hereto and marked as Annexure-"A", to the applicant who has already initiated measures under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prior to the appointment of the Provisional Liquidator and permit the applicant to proceed further in relation thereto, in the interest of justice."

2. Heard learned advocate Mr. Navin K. Pahwa for the applicant, learned advocate Ms. Amee Yagnik for respondent no. 1-Official Liquidator and learned advocate Mr. Ashok L. Shah with learned advocate Mr. Pawan C. Godiawala for respondent no. 2.

3. Learned advocate Mr. Pahwa for the applicant submitted that the State Bank of India (hereinafter referred to as 'S.B.I.' for th















































































































































































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