IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 29.04.2011 CORAM THE HONOURABLE MR. JUSTICE D.MURUGESAN AND THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN O.S.A. Nos. 73 & 74 of 2009 C.S. No. 1153 of 1991 & Connected Miscellaneous Petitions O.S.A NO. 73 OF 2009 K.Rama Das .. Appellant - Vs - 1. K. Balarama Das 2. K. Bhagavan Das 3. K. Narayana Das 4. Employees Provident Fund Organisation rep. by its Provident Fund Commissioner No.37, Royapettah High Road Chennai 600 014. 5. The Regional Director Employees State Insurance Corporation 143, Sterling Road Nungambakkam, Chennai – 34. 6. The Superintending Engineer Chennai Electricity Distribution Circle/Central Valluvarkottam 110 KVSS Campus Nungambakkam,. Chennai – 34. 7. The Commissioner Corporation of Chennai Rippon Buildings, Chennai – 600 003. 8. Assistant Commissioner Commercial Tax, Egmore II Assessment Circle, Chennai. 9. Special Tahsildar Urban Land Tax Egmore Nungambakkam Taluk Chetpet, Chennai 600 031. https://hcservices.ecourts.gov.in/hcservices/ 10. V.Lakshmi RR4 to 10 impleaded as party respondents vide order of Court dated 25.1.2011 made in MP.Nos.1,3,5,7,9,11 and 13/2011 in OSA.No.73/2009 11. Latha Rama Das 12. K. Raghu Rama Das 13. K.Kalyani Das 14. K.Bharathi 15. Vishnu Mohan Das 16. Bala Mukunda Das 17. Lakshminarayana Das 18. K.Anuradha 19. K.Dhananjaya Das 20. K.Shashabindu Das 21. K.Priya Prashanth RR11 to 21 impleaded as party respondents vide order of Court dated 21.3.2011 in MP.No.15/2011 in OSA.No.73/2009 22.M/s. Indian Bank, rep by its Manager, Purasawakkam Branch, Chennai. R22 impleaded as party respondent vide order of Court dated 20.4.2011 in MP.No.19/2011 in OSA.No.73/2009 .. Respondents O.S.A NO. 74 OF 2009 K. Narayana Das .. Appellant - Vs - 1. K. Balarama Das 2. K. Bhagwan Das rep by K. Balarama Dos, Power of Attorney. 3. K. Rama Das 4. The Commissioner Corporation of Chennai Rippon Buildings, Chennai – 3. 5. V. Lakshmi .. Respondents RR4 to 5 impleaded as party respondents vide order of Court dated 25.1.2011 in MP.Nos.1 & 3/2011 in OSA.No.73/2009, respectively. https://hcservices.ecourts.gov.in/hcservices/ C.S. NO. 1153 OF 1991 1. K.Balarama Das 2. K. Bhagavan Das rep. By Power of Attorney K.Balarama Das ...Petitioner - Vs - 1. K. Rama Das 2. K. Narayana Das .. Respondents Appeals filed under Clause 15 of the Letters Patent, and Order 36 Rule 9 of O.S. Rules against the order of this Court dated 9.4.2009 made in the exercise of the orginary Original Civil Jurisdiction of the High Court in Application No.4775 of 2007 in C.S. No.1153 of 1991. For Appellant : Mr. Mr. Sriram Panchu, SC for Mr. Arun Anbumani in OSA 73/2009 Mr. Vedantham Srinivasan for Mr. S.Raghavan in OSA 74/2009 For Respondents: Mr. R.Parthasarathy Mr. Jayeesh Dolia Mr. Loganathan for Receiver Mr. Vasudevan for Auditor Mr. Bharathidasan for Chennai Corpn. Mr. Vibhishanan for EPF Mr. S.Jayakumar for ESI Mr. V.Manoharan for Metro Water Mr. Naresh Kumar for Income Tax Mr. A.Selvendran for E.B. Ms. Bhavani Subbarayan for Comm. Tax Mr. R.Subramanian for Prospective Buyer COMMON JUDGMENT (JUDGMENT OF THE COURT WAS DELIVERED BY D.MURUGESAN, J.) After a series of orders passed by this Court, ultimately the proposed buyer has produced a bankers cheque bearing No.009725 dated 26th April, 2011, for a sum of Rs.145,00,00,000.00 (Rupees One Hundred and Forty-five Crores) towards full and final payment of the sale consideration in respect of the two properties in question, belonging to both the appellant and the respondents. Hence, in continuance of the earlier orders, the following order is passed with the consent of the parties :- https://hcservices.ecourts.gov.in/hcservices/ i) The Registrar General, High Court, Madras, is directed to deposit the said bankers cheque in the account of Registrar General with Reserve Bank of India forthwith. ii) As we have already directed that a sum of Rs.One Crore and Eight Lakhs to be kept in the account of the Registrar General out of a sum of Rs.20 Crores deposited as advance by the proposed buyer, the respondent bank has handed over the documents numbering 42 as per the letter of the buyer dated 29th April, 2011, which is marked as '*Annexure-1' and the documents as mentioned by the purchaser in his letter dated 29th April, 2011, which is marked as '*Annexure-2' and the same is handed over to Mr.R.Subramanian, learned counsel appearing for the proposed buyer in open Court and the same has been acknowledged. Iii) Mr.Balarama Das has also produced documents as shown in '*Annexure-3' relating to certain other properties covered in the transaction in question and those documents have also been handed over to Mr.R.Subramanian, learned counsel for the proposed buyer in open Court, and the same has also been acknowledged. iv) In view of the above deposit of the entire sale consideration of Rs.165 Crores, namely Rs.20 Crores by virtue of earlier order and the balance of Rs.145 Crores today, both the appellant and the respondents are directed to execute sale deed in favour of the buyer, M/s.Prince Foundation Ltd., represented by its Chairman and Managing Director, Mr.Ashwin K.Kamdar, 59, Ormes Road, Kilpauk, Chennai-10, or any other Director authorised by the company. v) Both the appellant and the respondents as well as the buyer have submitted that the documents are ready and it could be registered by today itself and, hence, there will be a direction for the appellant and the respondents to register the sale deed by today itself in favour of M/s.Prince Foundation Ltd. vi) On such registration and on showing proof of such registration, both the appellant and the respondents are entitled to withdraw their proportionate share as per the settlement and the details given in '*Annexure-4' on Monday, i.e., 2nd May, 2011 or on subsequent dates, barring an amount of Rs.2 Crores, out of which a sum of Rs.1.08 Crores shall be kept apart for any claims that may be made by the Indian Bank from the appellant and the respondents. https://hcservices.ecourts.gov.in/hcservices/ It is now represented that as far as the amount representing the share of R-15 (Vishnu Mohan Das) and R-17 (Lakshmi Narayana Das), it could be collected by Mr.K.Balarama Das, the 1st respondent in O.S.A. No.73/2009. Similarly, the amount to which the 21st respondent (Priya Prashanth) is entitled could be collected by Mr.K.Bagavan Das, the 2nd respondent in O.S.A. No.73/2009. Likewise, the amount to which R-13 (K.Kalyani Das) and R-14 (K.Bharathi) is concerned, the same could be collected by Mr.K.Rama Das, the appellant in O.S.A. No.74 of 2009. The above individuals are permitted to collect the amount as stated above. vii) In view of the report filed by the Receiver dated 26th April, 2011, he is entitled to a further sum of Rs.4 Lakhs, which amount is agreed to by both the appellant and the respondents as additional remuneration and the Receiver is permitted to withdraw the said amount from and out of the sum of Rs.92 Lakhs ear-marked for certain contingencies. viii) Both the appellant and the respondents are directed to remove the entire account books, vouchers and other related documents of administration of the hotel by today itself. ix) The Administrator is directed to hand over vacant possession of both the properties immediately on registration, which is shown as Schedule in the letter of the buyer dated 29th April, 2011. x) The Receiver is also permitted to withdraw a further sum of Rs.3 Lakhs from and out of the sum of Rs.92 Lakhs lying in the account of the Registrar General to settle all the miscellaneous liabilities, including the professional fee from the auditors. xi) Insofar as the registration is concerned, if any additional stamp duty is required, it is the concern of the prospective buyer for payment to clearance of the documents. xii) On completion of the registration of the sale, removal of the account books, vouchers and other documents relating to the administration by the appellant and respondents, taking over possession by the prospective buyer and the withdrawal of the respective share of the appellant or their legal heirs as per the settlement, the appellant, respondents and the prospective buyer shall file a compliance report on the above directions to this court for completion of records. https://hcservices.ecourts.gov.in/hcservices/ xiii) The 22nd respondent, Indian Bank, is permitted, if so advised, to take appropriate legal action and see the said legal proceedings are over in a period of six months in regard to its claim from the appellant and the respondents and for which process this Court had earmarked a sum of Rs.1.08 Crores to be kept in an interest bearing account. After the expiry of the said period, both the appellant and the respondents are entitled to approach this Court for withdrawal of the amount, which is kept in deposit, representing their proportionate share. Equally, the Bank, in case of any difficulty in getting the legal proceedings disposed of within the time stipulated by this Court, is entitled to approach this Court for appropriate orders. 2. As the above orders are passed on the basis of the admissions made by the respective counsel and the parties who are present before this Court, there will be a decree in terms of the above under Order XII Rule 6 of the Code of Civil Procedure. Accordingly, the original side appeals stand disposed of in the terms mentioned above and there will also be a decree in the above mentioned terms. Consequently, connected miscellaneous petitions/applications are closed. GLN Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Registrar General, High Court, Madras-104. 2.The Sub-Assistant Registrar, Original Side, High Court, Madras 104. 3.Mr.S.M.Loganathan, Advocate Receiver, 46, Arasappa Street, Purasawakkam, Chennai - 7. 4.The Section Officer, Judicial Department. High Court, Madras. (for watching the report) https://hcservices.ecourts.gov.in/hcservices/ 5.The Income-Tax Department, Nungambakkam, Chennai - 34. 6.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003. 7.The Superintending Engineer, Chennai Electricity Distribution Circle/Central, Valuvarkottam, 110 KVSS Campus, Nungambakkam, Chennai -34. 8.The Branch Manager, Indian Bank, High Court Extension Counter, High Court, Madras. 9.The Regional Director, Employees State Insurance Corporation, 143, Sterling Road, Chennai 34. 10.The Deputy Commissioner, Commercial Tax, Egmore II Assessment Circle, Chennai. 11.The Assistant Commissioner Commercial Tax, Egmore II Assessment Circle, Chennai. 12.The Special Tahsildar, Urban Land Tax, Egmore Nungmbakkam Taluk, Chetpet, Chennai-31 13.The Provident Fund Commissioner, Employees Provident Fund Organization, No.37, Royapettah Highroad, Chennai -600 014. 14. K.Balarama Das 15. K.Bhagwan Das rep.by K.Balaram Das power of attorney for both the office at 100-102, Poonamallee High Road, Madras - 600 084. https://hcservices.ecourts.gov.in/hcservices/ 16. K.Rama Das, No.1B, First Floor, Anu Apartments, 69-C, Spurtunk Road, Chetput, Chennai - 31. 17. The Sales Tax Department, Arignar Anna Building, Greams Road, Chennai - 6. 18.The Section Officer, Accounts Section, High Court, Madras 104. + 2 ccs to Mr. S. Raghavan, Advocate SR No.30365, 30857 + 1 cc to M/s. Aiyar and Dolia, Advocate SR No.30304 + 2 ccs to Mr. R. Subramanian, Advocate SR No.30303 + 3 ccs to Mr. Sathish Parasaran, Advocate SR No.30908 + 2 ccs to Mr. Arun Anbumani, Advocate SR No.30855 O.S.A. NOS. 73 & 74 OF 2009 & C.S. NO. 1153 OF 1991 JRG(CO) SR/4.5.2011 https://hcservices.ecourts.gov.in/hcservices/