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    <title>2021 (1) TMI 341 - NATIONAL COMPANY LAW TRIBUNAL , KOLKATA BENCH</title>
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    <description>The Tribunal held that in a going concern sale, the successful bidder must take over all assets and liabilities of the corporate debtor. Unilateral terms imposed by a bidder inconsistent with the bidding document were deemed invalid. The bidder was not entitled to withdraw from the bid or claim a refund of the Earnest Money Deposit (EMD) as their conditional offer was rejected, and force majeure did not apply. The liquidator was directed to issue a fresh invitation for the balance sale consideration, execute the transfer of assets upon full payment, and proceed with cancellation and forfeiture of EMD if the balance was not paid.</description>
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