1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi OFFICIAL LIQUIDATOR'S REPORT No. 288 OF 2009 IN COMPANY PETITION NO. 1113 OF 1999 In the matter of M/s. Gran Heal Pharma Limited. M/s. Divya Packaging Pvt. Ltd. ..Petitioner. WITH COMPANY APPLICATION NO.1336 OF 2009 M/s. Divya Packaging Pvt. Ltd. ..Petitioner. v/s. Gujarat State Financial Corporation. ..Applicant. And The Official Liquidator of M/s. Gran Heal Pharma Ltd. ..Respondent. .... G.M. Jhaveri, for G.S.F.C. S.G. Bhandary, for Petitioner. Zenobia Irani, for H. Parekh, Purchaser of Shop. Ketan Chotani, for G. Kalani, Purchase of flats. The Official Liquidator, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH FEBRUARY 2010. P.C. This report is filed by the Official Liquidator for the following reliefs :- (a) In view of para 5, 6, 7 and 8 of the report, whether this Court would be pleased to declare the sale of 2 properties situated at Shop No.10, Ground Floor, Rajendra Ratna Apartment, Mahesh Nagar, Swami Vivekananda Road, Goregaon (West), Mumbai-400 062 and 401 - 402, Vimal Apartments, Near Patel Petrol Pump, Swami Vevekananda Road, Goregaon (West), Mumbai-400 062 sold by Gujarat State Financial Corporation vide "Sale Deed" dated 15th September 2006 and 4th December 2006 respectively as "null and void"; (b) If prayer (a) above is in affirmative, whether this Court would be pleased to permit the Official Liquidator to take possession of the company premises situated at Shop No.10, Ground Floor, Rajendra Ratna Apartment, Mahesh Nagar, Swami Vivekananda Road, Goregaon (West), Mumbai-400062 and 401-402, Vimal Apartments, Near Patel Petrol Pump, Swami Vivekananda Road, Goregaon (West), Mumbai-400062." 2. As far as Shop no.10, Ground floor, Rajendra Ratna Apartment, Mahesh Nagar, S.V. Road, Goregaon (West), Mumbai-400 062 (the said shop) is concerned, from the sale deed dated 15th September 2006 executed by and between the Gujrat State Financial Corporation (GSFC) and Shri Hiten P. Parekh, Smt. Harsha H. Parekh, Shri Prafulchandra K. Parekh and Nilam P. Parekh, it is established that the original owners of the said shop 3 were Khimji Shivji Harbada/ Kishore Harbada, and the company in liquidation had no right, title and/or interest in the said shop. In view thereof, no orders are passed on the Liquidator's report as regards the said shop. 3. As regards, flat nos. 401 and 402 at Vimal Apartment, Near Patel Petrol Pump, S.V. Road, Goregaon (West), Mumbai-400 062 (the said flats), the learned Advocate on instructions of GSFC undertakes to deposit the entire consideration of Rs.25,81,000/- by the Corporation from the purchasers alongwith interest thereon as and when ordered by the Court. The said oral undertaking is accepted. However, the GSFC shall also file a written undertaking to this effect, by way of an affidavit, of an Officer of GSFC who is duly authorised to file such an undertaking on affidavit, within a period of two weeks from today. In view thereof, Official Liquidator's report stands disposed of. 4. As far as company application no. 1336 of 2009 is concerned, the same is allowed, subject to the GSFC filing the undertaking as directed above. [ S.J.KATHAWALLA, J. ]