THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1137 of 2009 in Company Application No.372 of 2005 in Company Petition No.35 of 1985 Dated:03rd March, 2010 Between: M/s.Bharat Alloys & Energy Limited ….Applicant AND M/s. A.P.Carbides Limited (In liquidation) rep. by its Official Liquidator, High Court of A.P., Hyderabad and others. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1137 of 2009 in Company Application No.372 of 2005 in Company Petition No.35 of 1985 ORDER: This Company Application has been filed by the auction purchaser seeking a direction to the Official Liquidator to make corrections in the sale certificate mentioning the correct extent of land, which it is put in possession. 2. The Official Liquidator filed the report. Para.6 of the report reads as hereunder: “6. That the applicant now seeks directions to the Official Liquidator to make corrections in the sale certificate stating that the land to an extent of Ac.27.40 cents is sold to the applicant herein and to execute the sale deed in favour of the applicant. In this connection, it is submitted that the request of the applicant herein to make corrections in the sale certificate cannot be considered as the Official Liquidator is not empowered to do so and more over the sale was conducted by him under the supervision of this Hon’ble Court in terms of the winding up chapter in the Companies Act, 1956. However, notwithstanding the above factual position, the Official Liquidator has to execute a sale deed to complete the sale process at the cost of the applicants for the sale amount of Rs.1,36,12,000/- which was already received by the Official Liquidator during the year 2000.” 3. Heard learned counsel appearing for the applicant and learned counsel appearing for the Official Liquidator. 4. Learned counsel appearing for the applicant submits that the Official Liquidator has put the applicant Company in possession of Ac.27.40 cents and therefore, sale deed is required to be executed mentioning the said extent instead of Ac.34.56 cents. 5. Learned counsel appearing for the Official Liquidator submits that the property has been auctioned ‘as is where is’ condition and accordingly, the applicant participated in the auction and became highest bidder. A further submission has been made that earlier the applicant-Company filed an application being C.A.No.228 of 2006 to set aside the sale with reference to Ac.7.16 cents of land and refund of money and subsequently it withdrew the same. Learned counsel appearing for the Official Liquidator refers the order passed by this Court in C.A.No.228 of 2006, which reads as hereunder: “Dr. P.B.Vijay Kumar, learned counsel for the applicant, upon instructions from his client, submits that the present Application moved by them may be permitted to be dismissed as withdrawn, granting liberty to pursue such other remedies including the one, to pursue with the State Government/AP TRANSCO for the purpose of securing the interests of the applicant company, which is the auction purchaser in the auctions conducted by the Official Liquidator. Granting the said liberty, Company Application No.228 of 2006 is dismissed. No costs.” 6. Indisputably the properties have been put to auction with a clause ‘as is where is’ condition. The applicant participated in the auction and became the highest bidder and paid the bid amount. The applicant has been put in possession to an extent of Ac.27.40 cents. It goes without saying that the Official Liquidator has to execute the sale deed mentioning the extent of land as Ac.27.40 cents, which is actually in occupation of the applicant. 7. Accordingly, the Company Application is disposed of directing the Official Liquidator to execute the sale deed in favour of the applicant mentioning the extent of land as Ac.27.40 cents. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:03rd March, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1137 of 2009 in Company Application No.372 of 2005 in Company Petition No.35 of 1985 Dated:03rd March, 2010