IDBI BANK LIMITED Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) The instant SLPs have been preferred by IDBI Bank (erstwhile United Western Bank) (hereinafter "the Petitioner") against the judgments dated 17.08.2009 and 28.07.2017 passed by the High Court of Judicature at Madras in O.S.A. No. 284 of 2003 and O.S.A. No. 396 of 2013 respectively, which relate to Company Petition (C.P.) No. 179 of 2001. Vide the impugned judgments, the High Court dismissed an application seeking the execution of a sale deed in favour of the Petitioner by one Kothari Orient Finance Limited (hereinafter "KOFL") and also revived the winding up proceedings initiated against KOFL.

(2.) The factual background to the instant petitions is as follows:

(3.) In view of this factual background, two issues arise for consideration before this Court: