COMA/56820/2008 1/7 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD COMPANY APPLICATION No. 568 of 2008 In OFFICIAL LIQUDATOR REPORT No. 146 of 2007 In OFFICIAL LIQUDATOR REPORT No. 152 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE K.A.PUJ ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= ELECON ENGINEERING COMPANY LTD - Applicant(s) Versus O L OF SHREE VALLABH GLASS WORKS LTD (IN LIQUIDATION) - Respondent(s) ========================================================= Appearance : MRS SANGEETA N PAHWA for Applicant(s) : 1, OFFICIAL LIQUIDATOR for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.A.PUJ Date : 12/11/2008 ORAL JUDGMENT 1. The applicant, Elecon Engineering Company COMA/56820/2008 2/7 JUDGMENT Ltd., has taken out this Judge's Summons seeking approval of the Sale Deed as mentioned at Annex.-II of this application and further seeking direction to the Official Liquidator to execute the sale deed as per order dated 10.10.2008 made by this Court in Company Application No.569 of 2007 and other allied matters. 2. An affidavit-in-reply in support of Judge's Summons is filed by Shri Paresh Shukla, an authorised signatory of the applicant Company. This Court has issued notice on 24.10.2008 and directed the Official Liquidator to verify the draft submitted by the applicant and if there is any suggestion/modification or correction, the same should be placed on record. Pursuant to this order, the Official Liquidator has filed his report dated 10.11.2008. He has submitted in his report that this Court has passed an order on 10.10.2008 in Company Application COMA/56820/2008 3/7 JUDGMENT No.569 of 2007 and other cognate matters and certain directions are issued therein. He was not aware about the subsequent development which took place after passing of the order dated 10.10.2008. This will have some bearing on the execution of the final Sale Deed and hence the applicant may be directed to inform the Court or to the Official Liquidator about the subsequent development. It is further stated in the report that narration made on page 14 of the draft Sale Deed are required to be deleted as the Official Liquidator is not having the custody of the Title Deed pertaining to the land and the confirming parties are not before the Court. 3. Mr. N.K.Pahwa, learned advocate appearing for the applicant has submitted that the observation made by this Court in the order dated 10.10.2008 will not have any bearing on the execution of Sale Deed as the applicant COMA/56820/2008 4/7 JUDGMENT has purchased the land admeasuring about 40,470 sq.mtrs. of Survey No.114, 371/2 and 4 Gunthas of land, about which there was dispute, do not form part of the land sold to the applicant. He has further submitted that the applicant has no objection if the narration on page 14 is removed at present with a liberty to the applicant to pursue matter with the Official Liquidator for obtaining documents relating to the title of the land in question. He has also placed on record the sheet containing four boundaries, which are not mentioned in the draft Sale Deed. He has, therefore, submitted that the draft of the Sale Deed be accordingly approved and the Official Liquidator be directed to execute Sale Deed within 7 days from the date of the order. 4. Ms.Amee Yajnik, learned advocate appearing for the Official Liquidator has submitted that the issue raised by the Official COMA/56820/2008 5/7 JUDGMENT Liquidator in his report be taken care of while approving draft of Sale Deed. She has further submitted that she has no objection if the boundaries indicated by the applicant are mentioned in the Sale Deed. 5. Having heard learned advocates appearing for the respective parties and having gone through the application as well as the report of the Official Liquidator, the Court hereby approves the draft of the Sale Deed produced by the applicant at Annex.II on page 10 after deleting the narration made on internal page 5, para-3 thereof, commencing from the words, “the Vendor and confirming party, have, this day handed over the custody of the Title Deeds pertaining to the said land mentioned here under to the purchaser”. The applicant, however is granted permission to pursue the matter with the Official Liquidator after execution of the Sale Deed in question. It is made clear that though the applicant has COMA/56820/2008 6/7 JUDGMENT made a reference in para 9 of the draft Sale Deed with regard to the order dated 10.10.2008 passed by this Court in Company Application No.569 of 2007 and allied matters and though this Court has recorded that the Company in liquidation was granted land admeasring 40,470 sq.mtrs. situated at Survey No.114 and 371/2 of Village : Mogri and Karamsad, Dist. Anand, which land has been sold in favour of the purchaser under the order of this Court, there is a dispute with regard to 4 Gunthas of land and this Court has held that 4 Gunthas of land as indicated in map filed by the GIDC should be allotted to the applicants of the Company Application Nos.70 and 80 of 2008, which was not forming part of the land sold to the applicant. It is stated by Mr.Pahwa that no Appeal is preferred by the applicants of Company Application Nos.70 and 80 of 2008 before the Division Bench. However, if any Appeal is filed by them and/or any direction is issued COMA/56820/2008 7/7 JUDGMENT by the Division Bench in OJ Appeal, the execution of the Sale Deed is subject to the order that may be passed in OJ Appeal, qua 4 Gunthas of land. The boundaries shown by the applicant in a separate sheet should also be incorporated in the draft Sale Deed. 6. Subject to the aforesaid direction and clarification the Sale Deed produced by the applicant is hereby approved and the Official Liquidator is directed to execute the same within one week from the date of receipt of certified copy of this order or from the date of receipt of writ, which ever is earlier. 7. This application is accordingly disposed of without any order as to costs. (K. A. PUJ, J.) kks