49. PPI complaints represent 59% of the . Coordinates Latitude: 53.4064 / 5324'23"N Longitude: -2.9913 / 259'28"W OS Eastings: 334197 OS Northings: 390410 OS Grid: SJ341904 Mapcode National: GBR 72N.YW Mapcode Global: WH877.0MVY Plus Code: 9C5VC245+HF Entry Name: National Westminster Bank Listing Date: 28 June 1952 Grade: II* Source: Historic England Source ID: 1205939 Abuse of Process and Re-litigation. 40. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). Mr Hunter had said in correspondence and has made it clear at the hearing today that the application which he makes is pursuant to the Court's power conferred by section 91(2) of the Law of Property Act 1925. It provided for payment of a deposit of 1. 75. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! In that correspondence it seemed to be common ground that K Hunter and Sons Limited or Mr Hunter were not in a position to pay the full amount of the purchase price at or around that time, indeed it would be necessary for an unspecified part of the purchase price to remain outstanding on mortgage for 12 months. So just reading the section alone one questions what it is the Court would be doing if it was to interfere with the state of affairs that has come about out of court. 9. In that wa, Mr Hunter decided in February 2011 that he would sell the land which remained subject to the charges to the company K Hunter and Sons Limited to which I have referred. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. The bank, National Westminster Bank Plc, is involved with the land and buildings to which I have referred pursuant to two legal charges, one dated 6th July 2006 and the second dated 12th April 2007. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. 5. The argument is not about what the Receivers can do today but is instead what they should have done prior to the holding of the auction on 14th July 2011. Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. Adam Billey. So under these contracts Mr Hunter on the face of it was contracting to sell land which was subject to a charge charging a liability to pay a sum of money well in excess of 2.5 million for a purchase price of 930,000. MR HUNTER: I think both, sir. On the other hand, this matter has gone on for a considerable time and you have failed to comply with Court orders in the past. The contracts of 23rd February 2011 have not been completed. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. MR JUSTICE MORGAN: My understanding is that you do not need permission from the Court to attach a penal notice, it is a matter for you. That has the heading "Effect of contract for sale" but if one reads the passage it can be seen that is dealing with a contract made by a mortgagee acting under the mortgagee's power of sale. I do not know if I have power to stop you attaching a penal notice, but whether I am right or wrong about that, this is an order the Court makes, it is a mandatory order, which is slightly different from a negative order, but penal notices can attach to a mandatory order. Should they be successful in Court, which is likely to take six months or more, their tenancies on Manor Farm, Pitchcott will inevitably devalue the properties by up to 50 per cent. For my part I do not see any reason why I should stop you attaching a penal notice, even if I had power to do so, as to which I am far from clear. 58. It may be that the auction contract was an involuntary contract on his part. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. Having set out the relevant facts, having identified the legal position under the various contracts which have come into existence, having informed myself of the way in which the jurisdiction under section 91(2) has been and should be exercised, in my judgment this does not begin to be a case in which the Court should intervene and upset the arrangements which have been brought into existence. I have used the phrase not less than because Mr Hunter did not seem to quarrel with the suggestion I put to him that UK Farm Finance Limited would make various charges for fees and other matters in connection with the provision of finance. It is not necessary I think to go to every difference and attempt to resolve it. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. Paragraphs 4 and 5 they are to sell the stock. 55. National Westminster Bank Plc v Hunter Law of Property Act 1925, s.91(2) - Mortgagor having continued interest in right of redemption - Conflicting contracts for sale - Whether mortgagee acted correctly in proceeding to sale by action - Applicability of remedy where sale contracted - Torts (Interference with Goods) Act 1977, s.13 - Order for sale of cattle Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. 83. 24. I mean, he is entitled to seek to get permission from the Court of Appeal where he will say that what has happened here has been grotesquely unfair, so I am not going to stop him saying things like that. . MR JUSTICE MORGAN: Now, Miss Windsor, I have refused permission to appeal, but it remains open to Mr Hunter to serve an appellant's notice. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 77. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. Enhance your digital presence and reach by creating a Casemine profile. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. Nestle v. National Westminster Bank plc ; Soud : Odvolac soud : Rozhodnuto : 6. kvtna 1992 : Citace [1992] EWCA Civ 12 , [1993] 1 WLR 1260 Historie ppadu ; Pedchoz akce [2000] WTLR 795; Independent, 4. ervence 1988, (1996) 10 (1) Trust law International 113, 115 I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. Previously, Hunter was Read More Contact Hunter Menton's Phone Number and Email Last Update 11/13/2022 7:20 PM Email h***@natwest.com My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. Is there a system to do that, sir? Before confirming, please ensure that you have thoroughly read and verified the judgment. Newcote Services Limited. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. 65. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. As a matter of simple mathematics that is a higher figure than the price to be paid under the auction contract of 1.505 million. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. MR JUSTICE MORGAN: Right. MR JUSTICE MORGAN: But you are in very considerable need of capable legal advice not later than tomorrow morning I would suggest to get on with this. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. MR HUNTER: One strikes the mind, sir. Mr Hunter, I am asked to make an order in detailed terms. My improved offer of 1.550 million to be paid in 12 months is clearly above the guide price set by Allsops and well in excess of the 1.375 million valuation by Savills. 61. 2. The future of this land has had to be addressed. By section 352 of the Act of 1985: " (1) Every company shall keep a register of its members and enter in it the particulars required by this section. They are in essentially the same terms, save that they relate to different parcels of land. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. The other matter concerns the way in which the payment was to be made. The case of National Westminster Bank plc v Lucas and others Re Estate of Jimmy Savile (deceased) ([2014] EWHC 653 (Ch)) involved a dispute between the Executors and the Trustees of the charitable Will Trust. They are in force. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 - swarb.co.uk National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 Reasons for dismissal of claim under section 91. That is in place of 3(ii), is it? Turning then to the position of Mr Taylor's company, the Court has not been given evidence as to the position of that company or the people standing behind it. You will just have to be patient a little longer. By Stuart Littlewood. My submission would be that even if there is there is no reason why the Court should not injunct the First Defendant from using it. Constructive trusts and proprietary estoppel often do what unjust enrichment cannot Birks, An Introduction to the Law of Restitution (Clarendon Press, 1989), 89 Fuller,Legal Fictions (Stanford University Press, 1967) Att-Gen for Hong Kong v. Reid [1994] AC 324 Westdeutsche Landesbank v. 2 storeys and attic. Nestle v National Westminster Bank plc [1992] EWCA Civ 12 is an English trusts law case concerning the duty of care when a trustee is making an investment. At First Instance - National Westminster Bank Plc and Another and Barclays Bank Plc and Another v Inland Revenue Commissioners ChD 6-Aug-1993 A business expansion tax plan was valid if it was issued before the Income and Corporation Taxes Act. This is a very impressive building indeed, the facade is really eye catching as is the dome atop the building, its a great example of Victorian architecture at its best ,The National Westminster Bank Building is . England and Wales. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. MR JUSTICE MORGAN: All right. 11.3, in the event that the contract is terminated pursuant to extra special condition 11.2, then the deposit will be returned to the buyer.". What do you say I should do? It is not necessary to examine further the reason for that, that principle does not apply where the contract is made by the mortgagor as the auction contract in this case was made. 80. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. Quite apart from that being the position between the seller and the buyer, Mr Hunter by entering into that contract would appear to have been in breach of the condition in the charge that he should not dispose of the property without the consent of the bank. We have discussed paragraph 3. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. I don't understand the system, sir. 01-11-2022 Summary of outcome On 10 October 2022, the High Court handed down its judgment in the appeal of Steiner v National Westminster Bank plc [2022] EWHC 2519. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. He will have to get an appellant's notice drafted---. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. If Mr Hunter could not perform that contract, making title free from the charge, then he would be in breach of contract and would be liable to be sued in damages by the buyer. It seems to me to be an unnecessary step to require the bank to serve a notice on Mr Hunter requiring him to remove the cattle else they will be sold. If it sued Mr Hunter for specific performance of that contract it would prima facie be entitled to it certainly so long as Mr Hunter remains the owner of the land. Is that a point to ask? In that sense it was to be a 100 per cent mortgage. National Westminster Bank v Morgan [1985] AC 686: Exploitation Cases: Lloyds Bank v Bundy [1975] QB 326: Exploitation Cases: Portman Buliding Society v Dusangh [2000] 2 All ER (Comm) 221: Exploitation Cases: Boustany v Pigott [1995] 69 P & CR 298: Exploitation Cases: Hart v O'Connor [1985] AC 1000: Exploitation Cases: Alec Lobb (Garages) v . 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. Just before we deal with that, I am asked to order costs against you in relation to both applications. Thereafter she was absolutely entitled to the . 82. Decision date: 6 May 2021. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. There is one other matter relating to the contract to which I ought to refer. 25% off till end of Feb! What Mr Hunter has not confronted in his application, nor indeed in the course of his submissions to me, is what the effect of that would be in relation to the contract which he has made with Mr Taylor's company. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. The defendant bought a house on mortgage with her husband. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. 4. National Westminster Bank v Somer [2002] QB 1286 5. If you want to have some sort of suspension or stay you will have to go to the Court of Appeal at an oral hearing probably and ask for them to be modified. 1. This decision, together with an academic article written by Roy Goode, [1] is sometimes looked upon as the turning point in relation to the stricter requirements in relation to . This works out as three complaints per 1,000 relevant accounts. So that is as much as I think I can indicate on that. True it is that Mr Hunter owns the cattle, the bank does not own the cattle and does not have a security interest in the cattle. Venue: CLUB LANGLEY Pitch 1. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? 330. We would also like to set optional cookies to improve our site and bring you more . Mr Hunter may be right that in the past and up to today he has been in control of the cattle because he has continued in breach of the Court orders to trespass on the relevant land and tend to the cattle. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. Pursuant to the negotiations with Mr Hunter on 14th July 2011, some at least of the purchase price, perhaps a substantial part of the purchase price, was to be postponed for a 12 month period. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. 53. It was acquired by the Royal Bank of Scotland in 2000. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge over the book debts in accordance with the decision in Siebe . I do not have very much detail about the state of affairs in relation to the company, but Mr Hunter has told me at the hearing today that all of the shares are owned by Mrs Karen Hunter and that he believes that she is a director of that company. 91. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. [1977] A.C. 1, and Hunter v. Chief Constable of the West Midlands Police [1982] A.C. 529 are obiter indorsements of obiter dicta, so far as the vital words are concerned, and only Lord Hailsham of St. Marylebone . I have referred to the land which is the subject matter of the charge. So for all those reasons I will abridge time to 14 days. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? This is also applied in National Westminster Bank v Hunter. Joe Bumpus. The bank wishes to sell, the bank has taken steps to sell, the bank has gone about the matter in a way which cannot be undone, certainly not on the application of Mr Hunter as mortgagor. That was made on 23rd February 2011. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, 90. 38. MR HUNTER: The section 91 and the second application, sir. Although Mr Hunter has entered into conflicting contracts, it may very well be the case due to the connection with K Hunter and Sons Limited that it will not sue Mr Hunter for damages because he is unable to perform those contracts. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. Mr Hunter had no proposals of a positive or constructive kind to put forward. 37. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. The beneficiaries named were the widow, children and remoter issue of the settlor. Papamichael v National Westminster Bank Plc & Anor [2002]1 Lloyd's Rep 332 31 Jan 2002 Share Direct link Share on Andrew Hunter KC Call: 1993 Silk: 2012 About us Find us Clerks & staff Academic research panel News, cases & analysis Podcasts Client Area Competition Bulletin Sports Law Bulletin Employee Competition Bulletin Covid-19: Legal Insights 72. It is fair to say that the impression given by the two chronologies is somewhat different. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. MR HUNTER: Sir, I'll be taking legal advice, sir. There is a second application before the Court----. 8. I will now give my reasons for the decision I expressed earlier today to dismiss Mr Hunter's application under section 91 of the Law of Property Act 1925 and I will also give brief reasons in relation to the other application before me, the application by the bank for various heads of relief in support of its rights and its orders for possession that have previously been obtained. I will start the comparison by looking at the position of K Hunter and Sons Limited. 52. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. Public Company Incorporated: 1968 Employees: 110,000 Assets: 98.64 billion (US$178.4 billion) Stock Index: London New York Tokyo National Westminster Bank (NatWest) was created in 1968 by the merger of three major banks all established in the early 19th century: the District Bank, the National . There was some description of some matters in relation to the land which I have been shown as follows. Is that clear? John Trenberth v. National Westminster Bank [1979, Eng. Perhaps more relevantly, there was no evidence to support the suggested funding made available in the course of 14th July 2011 even though the bank asked for such evidence in express terms. Hunter Menton Senior VP, Sales, Corporate Business Unit at National Westminster Bank Hunter Menton is a Senior VP, Sales, Corporate Business Unit at National Westminster Bank based in London, Greater London. 2 - 0 Beckenham FC. The last thing he wanted to do was to contract at an auction to sell the property, but in law that is precisely what he has done. The Court cannot undo that contract. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. I don't know if you do, but I'm just asking that question, sir. It may be convenient at this point before considering the application of section 91(2) to that state of affairs to investigate a matter which has been very much in dispute in the course of argument. 42. Royal Trust Bank v National Westminster Bank plc [1996] BCC 613 was a decision of the Court of Appeal in relation to the nature of a floating charge . NatWest Group - Mortgages. GBX. That is in accordance with the normal position in charges of this kind. That's correct? This involves a comparison of what the Receivers achieved by auctioning the property and the alternative of negotiating and perhaps concluding a contract with Mr Hunter or K Hunter and Sons Limited. It would necessarily follow that if that order were to be made that Mr Hunter would be able to make title free from the charge to K Hunter and Sons Limited, so the intervention of the Court would free Mr Hunter from the legal difficulty he is otherwise under. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. It identifies various heads of relief based upon difficulties which the bank says it has encountered because Mr Hunter has continued to keep stock upon the land and has failed to cooperate with efforts made by the bank to have the stock removed from the land. As the charges are in the same terms it will suffice if I refer to one of them and I will refer to the charge of 6th July 2006. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . I need to deal with those matters, albeit briefly. So if the amount which remains charged on the property is between 2.5 million and 3 million it is clear that Mr Hunter would not be able to take advantage of a contract to sell for 930,000 without the intervention of the Court. 1 - 3 National Westminster Bank. The position is that the contract which has come into existence following the auction is between Mr Hunter as seller, acting through the Receivers, and Mr Taylor's company, but when it comes to the transfer of title pursuant to that contact title will not be transfered by a transfer executed by Mr Hunter as transferor, it will instead be transfered pursuant to a transfer executed by the bank as chargee. Mr Hunter conversely contends that the Receivers did the wrong thing by putting the property up for auction when he had made offers of the kind I have described to buy the property. Secondly, I will order that by a very early point, which will be 4 p.m. on Thursday, 24th November 2011, that Mr Hunter deliver to the bank and/or the Receivers all existing cattle passports and all other relevant documentation spelt out in the draft order that relate to the cattle. The auction contract identifies further terms which apply to this sale. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. Insofar as the bank seeks an order for sale under section 13 of the Torts (Interference of goods) Act 1977 the point made by Mr Hunter is first that the cattle which are on the land and which might, in breach of the Court orders, in the future be brought onto the land are not "goods" for the purpose of the 1977 Act. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 Sorry, I don't understand what you're asking for. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; Citations: [1985] 2 WLR 588; [1985] AC 686. Those changes are initialled; the initials appears to be those of Mr Hunter and his wife, the latter acting on behalf of K Hunter and Sons Limited. The bank brought possession proceedings against Mr and Mrs Hunter. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. He is the freeholder of the land, the land is subject to a mortgage and that mortgage on the face of it can be redeemed on payment of the full sum outstanding to the bank. Sat 18 Feb 23. 92. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 84. The agreed price is 1.505 million. We pride ourselves on our independence, and our human touch. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? There is now insufficient time for the bank to be comfortable as to the terms of your proposals prior to the auction later this afternoon. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 48. I do not accept that submission. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. But possession and control do not turn upon ownership, one man can be the owner and another can be in possession and a third can have control. It seems to me inevitable that I must proceed today on the basis that the Receivers have been validly appointed and have the powers vested in them by the legal charges. I will take legal advice on it, sir. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". MR JUSTICE MORGAN: The second application is brought by the bank. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. Southwark Crown Court. So that is the order. 7. MISS WINDSOR: This is the first I have heard of it. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. It is possible this bank is of similar date and by the same architect. 39. 32. On the other hand, Mr Hunter, who is a stock farmer, has left upon the land a number of cattle, I think some 90 or so, although as a result of recent developments the number of cattle on the land today I understand is 3 cows. That company was acquired off-the-shelf in around February 2007. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. 51. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . 14. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. The way in which Mr Hunter went about assessing a suitable price for such a sale to the connected company was to take a valuation of the entirety of the charged property, to deduct from it the proceeds of sale on the sale of part of Kirkdene and to arrive at a resulting figure. 85. The letter does refer to "a formal offer of finance" which suggests that something in written form and in more detail did exist by 29th July 2011. - but doesn't want them to do that. Unfortunately, based on what I have seen, the possibility of contempt of Court and committal proceedings does appear to be a real one and in the circumstances I am persuaded that I should make the order making committal proceedings operate more smoothly than might otherwise be the case. The leading authority which identified the potential of the sub-section is the decision of the Court of Appeal in Palk v. Mortgage Services Funding Plc [1993] Ch. The charge of 6th July 2006 is in relation to property described as land and buildings at Manor Farm, Pitchcott, Aylesbury, Land Registry title number BM195811, and the charge dated 12th April 2007 relates to land at Kirkdene, Pitchcott, Aylesbury, Land Registry title number BM126848. 67. 56. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. Players. 34. National Westminster Bank plc - Branch Network. MR HUNTER: Do you have the power to ban me from public footpaths? Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. National Westminster Bank (A/K/A NatWest Bank) is a fully-owned subsidiary of the Royal Bank of Scotland Group, which in March 2000, completed the acquisition of NatWest Bank. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. Part payment will be paid up-front with the remainder being paid in 12 months' time, which would have to be on a second charge basis. Mr Hunter cannot apply to set aside the contract in favour of Mr Taylor's company; there is no basis on which he is able to do so. No, sir, I think the Court's been unfair and unjust, sir, and I think there are factual statements that I've made, sir, today that have been misinterpreted and also the second application is whether you've given the power to stop me seeing my cattle that the bank has no charge, I don't believe this Court has that power, sir.
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