would apply where proceeds of sale
of liquidation assets will include the price paid for liquidation estate. If the
liquidation estate does not contain ... liquidator cannot claim to have sold the assets as a going
concern, since such exercise would be beyond his jurisdiction.
32. Therefore, merely because
that the assets of the firm were offset by the liabilities as
reflected in the Balance Sheet itself. The Arbitrator directed the assets,
comprised ... loss, the Arbitrator acted beyond jurisdiction in
calculating the share of the claimant in the assets of the LLP and
asking such amount
that the assets of the firm were offset by the liabilities as
reflected in the Balance Sheet itself. The Arbitrator directed the assets,
comprised ... loss, the Arbitrator acted beyond jurisdiction in
calculating the share of the claimant in the assets of the LLP and
asking such amount
decide the title of parties either to shares or to the assets of
Companies. The plaintiffs do not claim merely in the capacity of
shareholders ... claim of title by inheritance to the shareholding and
other assets is entirely beyond the jurisdiction of the NCLT to
adjudicate upon under Sections
different
from the secured asset. Thus, the present dispute is whether the
Bank took possession of the actual secured asset or some other
property. Such ... under
Section 14 , which pertained to the secured asset and not the
petitioner‟s property, but beyond the same. Thus, the petitioner does
second
and third floors of the building, which are beyond the secured assets regarding
which measures were taken under Section
share in the assets, etc. of the partnership
8
firm, the mere incorporation of a company with such assets cannot
absolve the parties from their ... formation of the company with the
assets of the partnership firm without consent of all partners or
beyond the scope of the partnership deed itself
filed, seeking a direction on
the Official Liquidator to sell the entire assets of the company (in liquidation).
Learned counsel for the bank/petitioner submits ... bank, it was
discovered that the property extended beyond the secured assets. As such, the
bank seeks a sale of the entire property
being adopted by the petitioners since the loan account turned Non Performing Assets
(NPA) on June 27, 2011.
11
Learned counsel for the respondents next ... cash credit
account of the petitioners, could not be proved beyond doubt.
The modes of expenditure given in the petitioners' repayment should have been
objections taken by the added opposite parties were, in any
event, beyond the pale of the present revisional application and any challenge in that
regard ... Hasmi, WBCS (EXE), was "authorized" to take possession of the assets and documents
of the borrower "and to forward such assets
