Brentford Electric (India) Limited (Acquisition and Transfer of Undertakings) Act,1987
Act No : 36
Section : GENERAL EFFECT OF VESTING
SECTION 04: GENERAL EFFECT OF VESTING
(1) The undertakings of the Company shall be deemed to include all assets, rights lease-holds, powers, authorities and privileges, and all property, moveable and immoveable including lands, buildings, workshops stores, instruments, machinery and equiment cash balances, cash on hand, cheques, demand drafts, reserve funds, investments books debts, and all other rights and interest in, or arising out of, such property as were immediately before the appointed day in the ownership possession, power or control of the Company whether within or outside India, and all books of account, registers records and all other documents of whatever nature relating thereto.
(2) All properties as aforesaid which have vested in the Central Government under section 3-shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage charge lien and all other incumbrances affecting them, and my attachment, injunction, decree or order of any Court, unounall or other authority restricting the of such properties in any manner shall be deemed to haw been withdrawn.
(3) Every mortgagee of any property which has vested under this Act in the Central Government and every person holding any charge, lien or other interest in, or in relation to, any such property, shall five, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other intents.
(4) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subjection (3) or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in section 7-and also out of the amounts determined under section 8-, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government.
(5) Any licence or other instrument granted to the Company in relation to any undertaking which has vested in the Central Government under section ) at any time before the appointed day and in force immediately before that day shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertaking, and on and from the date of vesting of such undertaking under section 6-, in Andrew Yule, that company shall be deemed to be substituted in such licence or other instruments as if such licence or other instrument had been granted to Andrew Yule and that company shall hold it for the remainder of the period for which the Company would have had it under the terms thereof.
(6) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the Central Government under section 3-, instituted or preferred by or against the Company is pending, the same .shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of the Company or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the Central Government or where the undertakings of the Company are directed, under section 6-. to vest in Andrew Yule, by or against Aardreww Yule.
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