IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD (APPELLATE JURISDICTION) WEDNESDAY THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE G.V. SEETHAPATHY IN THE MATTER OF M/s. SOUTHERN CONTINENTAL CONTRACTORS LIMITED (IN LIQUIDATION) O.S.A. No. 1 9 OF 2009. IN COMPANY APPLICATION No. 750 OF 2009 IN COMPANY PETITION NO. 1 4 4 OF 2001 Between : M.V. Narender, s/o M. Chidambaram Aged about 41 years, R/o 17-11-382/B/15, Banu Nagar, Champaet, Hyderabad & Anr. … Appellant V/s. M/s. Southern Continental Contractors Ltd. (In Liquidation), Represented by their Advocate Commissioners, High Court of Andhra Pradesh, Hyderabad. … Respondent Counsel for the Appellant : Sri M. Subrahmanyam (3372) Counsel for the Respondent : Sri M. Jagannath Sarma THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE G.V. SEETHAPATHY O.S.A.No. 1 9 OF 2009. J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meenakumari) Aggrieved of the order dated 14-7-2009 passed in CA.No.750 of 2009 in CP.No.144 of 2001 by the learned single Judge, whereby the learned single Judge dismissed CA.No.750 of 2009 filed by the appellants-applicants under Rule 9 of the Company Court Rules of the Original side Rules seeking to issue directions to the Advocate Commissioners in CP.No.144 of 2001 to realign/rearrange the road on the Northern side of Plot No.38 in the Southern Mega Township of M/s. Southern Continental Contractors Limited (In Liquidation) situated at Ootapalli village, Shamshabad Mandal, Ranga Reddy so as to maintain road of 30 feet on the Northern side of Plot No.38 without providing for open area between the Plot No.38 and the road, by observing that for all times to come, the land adjacent to Plot Nos. 38 and 59 in Southern Mega Township belonging to M/s. Southern Continental Contractors Limited (in Liquidation) shall always be kept as open area and it shall not be utilized for any other purpose other than utilization for park space, this O.S.A. is filed. 2. Facts in brief are that M/s. Southern Continental Contractors Limited was ordered to be wound up in CP.No. 144 of 2001. It is stated that the company developed a layout in survey Nos. 33 to 35-A and 45 to 47 admeasuring Acs: 138.00 situated at Ootpalli village of Shamshabad Mandal in Ranga Reddy district. It is stated that Plot No. 38 admeasuring 500 sq.yards in SMT was initially allotted to one Mr. V.Krishnappa. However, as requested by him, Advocate Commissioners sought permission of the Court in CA.No. 1627 of 2007 and executed a sale deed in favour of one Mr.B. Venkatesh Yadav in plot No.38. Thereafter, the vendee sold the land under registered sale deed dated 03-11-2007 to the appellants-applicants. They alleged that in the sale deed, the northern boundary is shown as a road and the appellants-applicants were prompted to purchase the same, as northern road facing is auspicious. However, they alleged that the Advocate Commissioners erected a fence on northern side of Plot No. 38 so as to leave it as open area. The appellants-applicants are aggrieved by the action as unjustified and offered to buy the land on the northern side abutting Plot No.38 at a reasonable rate and filed the CA.No.750 of 2009. 3. As directed by the learned single Judge, the Advocate Commissioners filed a report, inter alia stating that they left some plots as open area for the benefit of the layout of the company in liquidation and modified the old approved layout to that extent. They also state that Plot No.38 purchased by the applicants admeasures 500 sq.yards and on its northern side the immediate boundary is not road but there is land admeasuring 352 sq.yards and beyond that extra land there is a road on the northern side. It is stated that it has been kept as open area as required to be shown and handed over to Hyderabad Metropolitan Development Authority. The appellants- applicants have the road on the western side of plot No.38 and even after earmarking the land on the northern side, the land comprised in plot No.38 remains 500 sq.yards. It is further stated that as directed by the learned single Judge in CA.Nos. 62 and 619 of 2009 in CP.No. 112 of 2007, dated d01-5-2009, Advocate Commissioners handed over possession of all the common areas like roads, drainages, water pipelines, electricity lines and poles, water tanks, septic tanks, electrical transformers, avenue plantation etc., in the ventures of Southern Paradise Phase-II and Phase-III (renamed as Sri Sampath Nagar) situated at Shamshabad village and Mandal in Ranga Reddy district and Southern Mega Township (renamed as Sri Sarada Nagar) situated at Ootpally village of Shamshabad Mandal in Ranga Reddy district to the Hyderabad Metropolitan Development Authority on 20- 6-2009 vide letter dated 15-6-2009. They also informed the Gram Panchayat of Ootpalli village and furnished a Xerox copy of the layout of S.M.T. duly marking public amenities, and therefore, the relief sought cannot be granted. 4. Further a complaint was made to the learned single Judge that the road on the northern side of Plot No.38 beyond the extra area is not 30 feet and is only 15 feet so as to enable the Advocate Commissioners to verify the same, the matter was adjourned. On 24- 7-2009 the learned Advocate Commissioner submitted that the road on the northern side of SMT adjoining plot Nos. 38 and 59 is not uniformly 30 feet and it ranges from 23 feet to 28 feet at different places. It is stated that as the extra land 352 sq.yards adjacent to Plot No. 38 of northern side has already been handed over to Hyderabad Metropolitan Development Authority, it is not possible to realign/rearrange the road. Even if appellants-applicants are willing to buy the extra land, it is not possible, as it has already been handed over as open space. It is stated that if it is allotted, it will be in violation of law. 5. After hearing both sides, the learned single Judge expressed his disinclination for two reasons; firstly, the sale deed between Venkatesh Yadav and applicants is a contract between the vendor and vendee for sale of 500 sq.yards comprised in plot No.38 and the company in liquidation is not a party to the same; secondly, a purchaser, who is beneficiary of alienation under registered document can always sue vendor for any defects in the title or for any inadequacy in the appurtenances or encumbrances to the property demised under the document and observed that the grievance, if any, of the appellants-applicants is against their vendor and it cannot be against the company in liquidation and accordingly dismissed the company application. 6. Aggrieved thereby, the present O.S.A. is filed by the applicants. 7. When the matter has come up today for hearing, the learned counsel appearing on behalf of Official Liquidator has submitted that fencing has been removed on the open land to the north of the appellants Plot No.38 and the same has been restored. 8. On the other hand, the learned counsel for the appellants submitted that the appellants are ready to purchase the corner plot No.38 and expressed the willingness to purchase the same as per market rate. 9. Without going into the merits or other wise and in view of the submissions made by the learned counsel for the appellants, we deem it appropriate to remand the matter to the learned single Judge dealing with Company Petitions to pass appropriate orders in accordance with law. 10. With the above observation, O.S.A. is disposed of at the stage of admission. However, in the circumstances, there shall be no order as to costs. ___________________________ JUSTICE T. MEENA KUMARI ___________________________ JUSTICE G.V. SEETHAPATHY 23-09-2009. I s L THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE G.V. SEETHAPATHY O.S.A.No. 1 9 OF 2009 Judgment of the Division Bench delivered by the Honourable Smt. Justice T. Meenakumari. 23-09-2009 I s L