-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.543 OF 2007 In COMPANY PETITION NO.328 OF 1996 In the matter of winding up of M/s.Aldrich Pharmaceuticals Pvt. Limited ... Company Ushdev Trade & Finvest Limited : Petitioner And Union Bank of India : Applicant V/s. Official Liquidator of High Court Bombay of M/s.Aldrich Pharmaceuticals Pvt. Ltd. : Respondent .. Mr.H.Toor with Mr.Nimesh Amin for the applicant. Mr.Y.K.Deshpande for Mr.Navin Rokadia, ex-Director. Mr.Aruna Pai for Official Liquidator. Mr.P.Ramarao, Official Liquidator (present). .. CORAM : S.A. BOBDE, J. DATE : AUGUST 30, 2008. P.C. 1. By this application, the Union Bank of India seeks a -: 2 :- direction to the Official Liquidator to raise the attachment on the factory premises of M/s.Aldrich Exports Ltd., situate on leasehold plot no.6106/A in Ankleshwar Notified Area within the village limits of Sarangpur, taluka Ankeleshwar, dist. Bharauch. 2. The only contention of the applicant is that plot no.6106/A attached and sold by the Official Liquidator does not belong to the company in liquidation i.e. M/s.Aldrich Pharmaceuticals Pvt. Ltd. which in turn has mortgaged the suit property to the applicant-bank. 3. The Official Liquidator was appointed Liquidator of M/s.Aldrich Pharmaceuticals Pvt. Ltd. and took possession of plot no.6106/A on 3.5.2001. In support of the contention, the applicant has pointed out that an equitable mortgage of plot no.6106/A has been created in favour of the applicant-Bank by M/s.Aldrich Exports Ltd. and that the plot is referred to in the Schedule to the Memorandum of deposit of title deeds registered on 26.3.1998. In fact, the Debt Recovery Tribunal has in its order dated 16.7.2003 directed the charge of the applicant-Bank to continue over the mortgaged property i.e. plot no.6106/A, survey nos.151, 152 and 154 of village Ankleshwar, GIDC Estate, taluka Ankleshwar, Dist. Bharauch, Gujarat. In fact, the Official Liquidator -: 3 :- represented M/s.Aldrich Pharmaceuticals Pvt. Ltd. in these proceedings. In fact, the applicant and M/s.Aldrich Exports Ltd. have sent several requests in writing to the Official Liquidator who has taken no action in that regard. Considering the evidence negatively, it appears from form no.8 that this plot no.6106/A is not shown as the property belonging to the company in liquidation, M/s.Aldrich Pharmaceuticals Pvt. Ltd. Similarly, the memorandum of entry made by M/s.Aldrich Pharmaceuticals Pvt. Ltd. in respect of this property with the Registrar of Companies shows in the Second Schedule that the property, leasehold plot no.6106/B/A and the plot in question, viz., 6106/A is towards the north of the said plot. The same situation also appears from the original lease deed dated 8.10.1984 accompanying the mortgage which shows that plot no.6106/B/A was leased to the predecessor of the company in liquidation and the plot in question, viz., 6106/A is a plot which is towards the north of that property. Returning to the positive evidence, it is clear that the plot in question was purchased by M/s. Aldrich Exports Ltd. by sale deed dated 31.3.1977. The Schedule to the Sale Deed clearly shows that the plot that was conveyed was the plot in question, viz., plot no.6106/A of village Ankleshwar, dist. Bharauch, and that plot no.6106/B belonging to the company in liquidation i.e. M/s.Aldrich Pharmaceuticals Pvt. Ltd. is towards the -: 4 :- south of that property. 4. Mrs.Pai, the learned counsel for the Official Liquidator, submitted that the Official Liquidator has taken inspection of all the original documents produced by the applicant and the validity of those documents is accepted. 5. In this view of the matter, the application is allowed in terms of prayer clause (a) which reads as follows:- "(a) that this Hon’ble Court be pleased to direct the Official Liquidator, High Court, Bombay to raise the attachment and/or remove the Seal affixed on the factory premises of M/s.Aldrich Exports Ltd., situate on Leasehold Plot No.6106/A in the Ankleshwar Notified Area consisting of Revenue Survey No.151, 152, 154 within the Village limits of Sarangpur, Taluka Ankeleshwar, District Bharauch, admeasuring 4970 Sq. mtrs., together with the factory buildings structures and premises erected or to be erected on the said Plot and together with the -: 5 :- plant and machineries, boilers and engines and other factory equipment thereon in the said factory Premises and to forthwith to handover possession thereof to the Applicant." 6. The Official Liquidator shall pay costs of Rs.5,000/- to the applicant-Bank. Order accordingly. S.A. BOBDE, J.