Dismissed

M/S. Basf India Limited v. L.I.C. Housing Finance Limited

Karnataka HC11 Sept 2024RFA/301/2013

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed the regular first appeal filed by M/s. BASF INDIA LIMITED as withdrawn. The withdrawal was based on a joint memo filed in the joint interest by the appellant and respondent No. 1, stating that there are no pending dues and the property is free from charges.

What did the court decide?

The appeal is dismissed as withdrawn. Registry is directed to refund the admissible Court fees.

M/S. Basf India Limited Vs L.I.C. Housing… — Contract and Commercial Disputes | Karnataka HC (2024)

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NC: 2024:KHC:37276-DB RFA No. 301 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE S.G.PANDIT

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AND

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THE HON'BLE MR JUSTICE C.M. POONACHA

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REGULAR FIRST APPEAL NO. 301 OF 2013 (MON)

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BETWEEN:

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M/S. BASF INDIA LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, VIBGYOR TOWERS, PLOT NO.62, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (EAST) MUMBAI 400051 OFFICE AT BALA VIA KATIPALLA 574149 MANGALORE TALUK, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. PRADEEP CHANDAN

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…APPELLANT

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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(BY SRI ANIND THOMAS., AND SMT PRERANA POONAPPA., ADVOCATES)

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AND:

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L.I.C. HOUSING FINANCE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES AT 1956 HAVING ITS REGISTERED OFFICE AT NO.45/47 BOMBAY LIFE BUILDING, 2ND FLOOR, VEER NARIMAN ROAD, FORT, MUMBAI 400001 AND AREA OFFICE AT 1ST FLOOR, RAJ TOWERS, BALMATTA ROAD, MANGALORE NOW SHIFTED TO THE “PRESIDIUM” ATTAVARA, MANGALORE 575001

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M/S. KANARA BUILDINGS (PRIVATE) LIMITED A REGISTERED COMPANY, HAVING ITS OFFICE AT G-3, LOTUS PARK, OLD KANKANADY ROAD, KANKANADY, MANGALORE-2 REPRESENTED BY ITS DIRECTORS

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M/S. VEEKAY HOME BUILDERS (PRIVATE) LIMITED A REGISTERED COMPANY, HAVING ITS OFFICE AT G-3, LOTUS PARK, OLD KANKANADY ROAD, KANKANADY, MANGALORE-2 REPRESENTED BY ITS DIRECTORS

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MR VIVIAN KAMATH SON OF LATE FREDRICK D"SOUZA, MANAGING DIRECTOR M/S. KANARA BUILDER (PRIVATE) LIMITED AND M/S. VEEKAY HOME BUILDERS (PRIVATE) LIMITED, G-3, LOTUS PARK, OLD KANKANADY ROAD, KANKANADY, MANGALORE-2

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MRS. BARBARA KAMATH WIFE OF MR. VIVIAN KAMATH AGE NOT KNOWN TO THE APPELLANT RESIDING AT DILKUSH UPPER BENDORE MANGALORE 2

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MR. FELIX ALBUQUERQUE SON OF NOEL ALBUQUERQUE AGE NOT KNOWN TO THE APPELLANT RESIDING AT ROSARIO CHURCH ROAD, MANGALORE 575001

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MRS. CELINE PEREIRA AGED ABOUT 64 YEARS, WIFE OF MR. STANISLAUS PEREIRA RESIDING AT FLAT NO.22, GARDEN MANOR, LADY HILL, MANGALORE 575001

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MR. STANISLAUS PEREIRA AGED ABOUT 72 YEARS,

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SON OF LATE FRANCIS RESIDING AT FLAT NO.22, GARDEN MANOR, LADY HILL, MANGALORE 575001

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(a) MR. FRANCIS C PEREIRA AGED ABOUT 40 YEARS,

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(b) MR. PETER A PEREIRA AGED ABOUT 36 YEARS,

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BOTH CHILDREN OF LATE STANISLAUS PEREIRA RESIDING AT "CHRISDAM" CHILIMBI ASHOKNAGAR POST, MANGALORE -6

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MR. ALWYN PINTO AGED ABOUT 55 YEARS, S/O MOURICE PINTO, RESIDING AT FLAT NO.41, GARDEN MANOR, LADY HILL, MANGALORE 575001

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MR. PETER PAUL CASMIR MACHADO AGED ABOUT 39 YEARS, S/O FRANCIS W MACHADO, RESIDING AT FLAT NO.44, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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MR. AUBEY D"SOUZA AGED ABOUT 58 YEARS, S/O LATE VICTOR D"SOUZA, RESIDING AT FLAT NO.44, GARDEN MANOR, LADY HILL, MANGALORE

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MR. ALBAN D"SOUZA AGED ABOUT 52 YEARS, S/O PETER D"SOUZA, RESIDING AT FLAT NO.32, GARDEN MANOR, LADY HILL, MANGALORE

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MRS. IRENE D"SOUZA

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AGED ABOUT 47 YEARS, WIFE OF ALBAN D"SOUZA RESIDING AT FLAT NO.42, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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MR. M.P SHETTY AGED ABOUT 54 YEARS, SON OF AMMU SHETTY RESIDING AT FLAT NO.63, GARDEN MANOR, LADY HILL, MANGALORE 575001

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MRS. P. SUSHEELA P SHETTY AGED ABOUT 50 YEARS, W/O OF M.P SHETTY, RESIDING AT FLAT NO.63, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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MR. RICHARD E.V. PINTO AGED ABOUT 58 YEARS, S/O MR. CASMIR PINTO, RESIDING AT FLAT NO.12A, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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(A) MRS. FLORANCE PINTO WIFE OF LATE RICHARD E.V. PINTO, AGE NOT KNOWN TO THE APPELLANT RESIDING AT LALITH MAHAL APARTMENT 6TH CROSS, GANDHINAGAR, MANGALORE 3

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(B) MR. DAVID CASMIR PINTO PRABHU AGE NOT KNOWN TO THE APPELLANT,

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(D) MRS. MARLINE PINTO PRABHU AGE NOT KNOWN TO THE APPELLANT

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NO.16(B) TO 16(D) ARE CHILDREN OF LATE RICHARD E.V. PINTO, RESIDING AT LALITH MAHAL APARTMENT,

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6TH CROSS, GANDHINAGAR, MANGALORE 3

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MR. PAUL MENEZES (SINCE DECEASED) SON OF B. MENEZES, AGED ABOUT 66 YEARS, RESIDING AT FLAT NO.11, GARDEN MANOR LADY HILL, MANGALORE 575001.

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(A) MRS. FLOSSY MANEZES AGE NOT KNOWN TO THE APPELLANT,

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(B) MR. MOHAN MANEZES AGE NOT KNOWN TO THE APPELLANT,

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NO. 17(A) IS THE WIDOW AND NO. 17(B) AND 17(C) ARE CHILDREN OF LATE PAUL MENEZES, RESIDING AT FLAT NO.A0005, MANTRI SPLENDOR, GEDDALAHALLI HENNUR MAIN ROAD, BANGALORE 560077

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MR. CHANDAYA BADA KARKERA S/O LATE BADA POOJARY, AGED ABOUT 55 YEARS, RESIDING AT FLAT NO.61, GARDEN MANOR LADY HILL, MANGALORE 575001.

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MR. ELIAS EDMOND PINTO SON OF MR. LAWRENCE PINTO, RESIDING AT FLAT NO.51, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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MR. CELESTINE TAURO AGED ABOUT 54 YEARS, SON OF MR. LAWRENCE TAURO, RESIDING AT FLAT NO.62, GARDEN MANOR, LADY HILL,

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MANGALORE 575001.

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MR. REUBEN SAVIO TAURO AGED ABOUT 25 YEARS, SON OF MR. LAWRENCE TAURO, RESIDING AT FLAT NO.62, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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DR. NAVEENCHANDRA KRISHNAPPA THINGALAYA AGED ABOUT 64 YEARS, SON OF H.K. THINGALAYA,

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MRS. PRABHA N. THINGALAYA AGED ABOUT 54 YEARS,

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MISS KIRAN N. THINGALAYA AGED ABOUT 30 YEARS,

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MR. ARUN NAVEENCHANDRA THINGALAYA AGED ABOUT 28 YEARS,

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NO.23 IS THE WIFE AND NO.24 AND 26 ARE THE CHILDREN OF NO.22 AND NO.22 TO 25 ARE RESIDING AT FLAT NO.53, GARDEN MANOR, LADY HILL, MANGALORE 575001

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MR. WILFRED FERNANDES AGED ABOUT 45 YEARS, SON OF PHILIP FERNANDES, RESIDING AT FLAT NO.21, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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MRS. FELCY FERNANDES AGED ABOUT 40 YEARS, WIFE OF WILFRED FERNANDES, RESIDING AT FLAT NO.21, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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MR. T.S. LOKESH AGED ABOUT 42 YEARS, SON OF MR. T.H. SIDDARAMAIYYA,

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RESIDING AT FLAT NO.31, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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MRS. VIJAYALAKSHMI AGED ABOUT 38 YEARS, WIFE OF T.S. LOKESH, RESIDING AT FLAT NO.31, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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MR. FELIX RICHARD D"SOUZA AGED ABOUT 48 YEARS, SON OF MR. SABASTIAN D"SOUZA, RESIDING AT FLAT NO.33, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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LANCY MASCARENHAS FATHER NAME AND AGE NOT KNOWN TO THE APPELLANT, RESIDING AT FLAT NO.52, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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DR. RABINDRA PRABHU FATHER NAME AND AGE NOT KNOWN TO THE APPELLANT, RESIDING AT FLAT NO.23, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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N.J. BALIGA FATHER NAME AND AGE NOT KNOWN TO THE APPELLANT, RESIDING AT FLAT NO.43, GARDEN MANOR, LADY HILL, MANGALORE 575001.

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…RESPONDENTS

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(BY SRI. SHYAM SUNDAR H V, ADVOCATE FOR C/R1 SRI SACHINDRAKARANTH, ADVOCATE FOR R6 SRI B VENKATA KRISHNA, ADVOCATE FOR R7 NOTICE TO R2-33 ARE DISPENSED WITH VIDE ORDER DTD 14.08.2018)

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THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 29.9.2012 PASSED IN O.S.NO.326/2001 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE, AND CJM, MANGALORE, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY AND ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.G.PANDIT and

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HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE S.G.PANDIT)

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This appeal is filed by defendant No.11 in OS No.326/2001 questioning the judgment and decree dated 29.9.2012 passed by the I Additional Senior Civil Judge and CJM, Mangaluru.

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learned counsel Sri Anind Thomas and Smt.Prerana Poonappa, for the appellant and learned counsel Sri Shyam Sundar H.V, for respondent No.1 – LIC Housing Finance Ltd., (for short ‘LIC’) are present. A joint memo dated 31.8.2024 is filed by the appellant as well as respondent No.1 – LIC. The joint memo is signed by the appellant as well as the authorized signatory of respondent No.1 – LIC.

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NC: 2024:KHC:37276-DB RFA No. 301 of 2013

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3. The joint memo reads as follows:

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“JOINT MEMO

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1. The Parties seek to produce, refer and rely on copies of three letters, all dated April 29, 2024 ("Letters"), issued by the Respondent No. 1 to the Appellant, stating that pursuant to a one-time settlement there are no pending dues against the loan account of the Respondent Nos. 2 and 3.

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2. By the said Letters, the Respondent No. 1 has relinquished its charge/lien, right, title and interest in respect of the property, described as Schedule 'A' Property in the Impugned Judgment. The Respondent No. 1 further confirms that the Schedule 'A' Property is free from charges and claims from the Respondent No. 1. A copy of the 3 letters have been produced herewith as Annexure A to Annexure C .

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3. In light of the above, the Respondent No. 1 confirms having relinquished its charge/lien, right, title, interest and claim in respect of the Schedule 'A' Property and confirm that the Schedule 'A' Property as specified in Annexures A to C are free from all charges and claims. The Respondent No. 1 further undertakes not to proceed and / or pursue any action against the Appellant in respect of the Schedule 'A' Property, including pursuant to the Order dated September 29, 2012 passed in O.S. No. 326 of 2001 before the Civil Judge (Senior Division Court), Mangalore.

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4. The Respondent No. 1 also confirms that it has no objections to the Appellant seeking return of all original documents filed by it, including but not limited to:

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(i) Deed of sale dated 26.10.1994;

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(ii) Construction agreement 26.10.1994;

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(iii) Deed of sale dated 29.10.1996;

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(iv) Construction agreement dated 29.10.1996;

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(v) Deed of sale dated 15.02.1997; and

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(vi) Construction agreement dated 15.02.1997

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5. In light of the above undertaking by the Respondent No. 1, the Appellant herein seeks to withdraw the captioned Appeal filed against Respondent No. 1 as regards the Schedule 'A' Property.”

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NC: 2024:KHC:37276-DB RFA No. 301 of 2013

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In the joint memo, the appellant has sought

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permission to withdraw the appeal.

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The joint memo is placed on record.

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As prayed for by the appellant, the appeal is

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dismissed as withdrawn.

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Registry is directed to refund the admissible Court

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fees.

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Sd/(S.G.PANDIT) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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List No.: 1 Sl No.: 3

M/S. Basf India Limited v. L.I.C. Housing Finance Limited

Case brief

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M/S. Basf India Limited v. L.I.C. Housing Finance Limited

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