Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2020 (9) TMI 81

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Kuthiala, Senior Advocate, with Ms.Rachna Kuthiala, Advocate, for the Official Liquidator, through Video Conferencing None for other respondents ORDER Vivek Singh Thakur, J ( Oral ) This review petition has been filed against judgment dated 06.03.2020, by stating therein that petitioners reasonably found and believed that this Court while dealing with Company Application No.7 of 2018 has not i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tive intent in right perspective. It is also averred that petitioners are admittedly the secured creditors and, thus, their rightful preferential claim cannot be ignored and denied and petitioners reasonably believe that sale proceeds lying with the Official Liquidator are from the sale of assets mortgaged by the Company in liquidation with the secured lenders and in view of aforesaid factual posi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hem during hearing despite their best efforts and due diligence or discovery of mistake or error apparent on the face of record or any other analogous sufficient cause. 4. It is evident from the grounds raised for reviewing the judgment that petitioners are trying to re-argue the points, which have already been decided by this Court, after considering facts and circumstances placed before it as w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rovisions of law applicable to the case, cannot be termed having apparent error on the face of record. 7. Though, I am of the considered view that there is no error in interpreting the relevant provisions of law and appreciating pronouncements of the Apex Court, however, even if, plea of petitioners is accepted that there is incorrect interpretation of law, then also, for the detailed discussion ....