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    <title>2000 (8) TMI 1034 - HIGH COURT OF ALLAHABAD</title>
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    <description>A sale by a secured creditor was not void under winding-up restrictions because the asset sold had not legally vested in the company in liquidation. The decisive question was title: the land remained in the name of a partner of the former firm, had been mortgaged for the firm&#039;s loan, and the conversion into a company did not by itself transfer the immovable property. The balance sheet also showed that no registered transfer deed existed in the company&#039;s name. As the property never became company property, the bar on dealing with assets of the company in liquidation did not apply and the official liquidator had no enforceable claim.</description>
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    <pubDate>Wed, 09 Aug 2000 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=106104</link>
      <description>A sale by a secured creditor was not void under winding-up restrictions because the asset sold had not legally vested in the company in liquidation. The decisive question was title: the land remained in the name of a partner of the former firm, had been mortgaged for the firm&#039;s loan, and the conversion into a company did not by itself transfer the immovable property. The balance sheet also showed that no registered transfer deed existed in the company&#039;s name. As the property never became company property, the bar on dealing with assets of the company in liquidation did not apply and the official liquidator had no enforceable claim.</description>
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