JUDGEMENT
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(1.) Leave granted in both the matters.
(2.) Whether power of a Company Court to sell the property of a
company vis-a-vis the power of the Financial Corporation can be merged
is the question involved in these appeals which arise out of the
judgments and orders dated 2nd July, 2007 and 6th July, 2007 passed in
Company Appeal No. 27 of 2004 and Company Appeal No.2 of 2007
respectively passed by the Division Benches of the Delhi High Court.
(3.) Certain basic facts are not in dispute which are as under :
SICOM Ltd. (SICOM in short) advanced a loan of Rs.17 crores to
the appellant (M/s. Bakemans Industries Pvt. Ltd.).
I
t became a
defaulter. SICOM issued a notice under Section 29 of the State Financial
Corporations Act (1951 Act in short) on 22nd January, 2003.
Another
notice was issued for taking over possession of the properties of the
sister concern of the appellant, viz. Captain Hygiene Products Ltd.
Appellant and its sister concern filed two writ petitions in the Punjab and
Haryana High Court at Chandigarh. They were dismissed as withdrawn
on 10th February, 2003.;
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