THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO COMPANY APPLICATIONS No. 1356 and 1465 of 2010 O R D E R: These Company Applications have been taken out by two of the plot owners seeking modification of the orders passed on 29.12.2008 and 25.06.2010 in Company Application No. 1678 of 2008 and Company Application No. 191 of 2010 in Company Petition No. 112 of 2007, providing for construction of quarters in unsold and unused open plots situate at Sri Sampat Nagar for providing them to pujaris, etcetera. It is stated that the petitioners have purchased plot Nos. 534, 535 and 134 in the layout marked as Sri Sampat Nagar duly participating in the public auction. They seek directions to the respondent company under liquidation to undertake construction of certain quarters inasmuch as two temples are coming up in the said layout. Entertaining these Applications on 29.11.2010, notice was issued to the learned Advocate-Commissioners appointed by this Court to discharge the functions of liquidators of the company to enable them to file a detailed report. The learned Advocate- Commissioners have drawn their detailed report dated 17.12.2010 with enclosures thereto and filed it into the Court. The learned Advocate Commissioners have pointed out that so far, plot No. 45 admeasuring 200 square yards, plot No. 45-A, admeasuring 166.66 square yards, plot No.76 admeasuring 200 square yards and plot No. 77, admeasuring 200 square yards in Sri Sampat Nagar, earlier called as Southern Paradise Phase III are still available for sale. However, when I perused Annexure-A lay out plan, I find that these four plots are abutting 40’ wide road. Therefore, there is just a possibility of the same being sold in favour of the interested parties. If these four plots are sold, they will be fetching little more income, which will become useful for the company under liquidation to discharge and meet with all its obligations. I, therefore, do not consider it appropriate to allow these four vacant plots to be utilized towards community purposes at the behest of the auction purchasers. It is now pointed out by the learned Advocate-Commissioners that there is an open land to an extent of 305.55 square yards (50’ x 55’) on the rear side of the cow shed and servant quarters, which were already ordered to be constructed. The learned Advocate- Commissioners have pointed out that the said extent of land can at best be used for construction of additional quarters for servants, but it will not be useful for any other purposes. Since it is submitted, at the Bar, that one of the temples namely Sri Raghavendra Swamy Mutt, Mantralayam, has requested for allocation of suitable land for construction of servant quarters by them, I consider it appropriate to modify the earlier orders passed by this Court, so that the learned Advocate-Commissioners may appropriately transfer the land of an extent of 305.55 square yards (50’ x 55’) situate on the rear side of the cow shed-cum-servant quarters already got constructed for the benefit of the community, in favour of Sri Raghavendra Swamy Mutt, Mantralayam. The learned Advocate-Commissioners are accordingly directed to execute necessary deed in favour of Sri Raghavendra Swamy Mutt, Mantralayam, transferring all the right, title and interest over a parcel of land of an extent of 305.55 square yards (50’ x 55’) on the rear side of the existing cow shed-cum-servant quarters, in favour of Sri Raghavendra Swamy Mutt, Mantralayam, so as to enable the said Mutt to construct servant quarters on their own. It is appropriate that the necessary expenditure for execution and registration of a document in this regard may be borne by Sri Raghavendra Swamy Mutt, Mantralayam, inasmuch as their request in this regard is conceded now. Insofar as the present request of the two applicants is concerned, I have examined Annexure-B lay out plan to the report submitted by the learned Advocate-Commissioners. It is no doubt true that there are three plots bearing No. 392, 393 and 394 admeasuring 200 square yards, 200 square yards and 172.22 square yards respectively totaling to 572.22 square yards situate in Southern Paradise Phase III, now called as Sri Sampat Nagar, which are lying vacant and unsold. The learned Advocate-Commissioners have made it clear that these three plots are landlocked, inasmuch as it is bounded on two sides by properties belonging to third parties. On the remaining two sides, the plots laid out by the company are situate. Those plots were also sold in public auction and also by the company while it was in operation. The only access that is available is a small pathway. There is no proper approach road to these three plots, as is reflected in Annexure-B. Consequently, the prospects of these three plots being picked up in auction by anyone is very bleak. The approach road does not seem to be wider than even 10’. Hence, the request of the applicants herein can be considered for using this land comprising these three plots of an extent of 572.22 square yards for community purposes. The learned Advocate-Commissioners have enclosed at page 5, a plan drawn to scale showing as to how this land can be utilized for community purposes. The plan at page 5 reflects that three quarters can be put in place. The contention of the applicants that construction of a quarter meant for the pujaris and/or agama pandits will better sub-serve the interests of the community at large. The plea of the applicants that since the two temples, which are coming up in the lay out, require the presence of the pujaris in the vicinity, so that the services both in the morning as well as in the evening times can be undertaken without any interruption or difficulty, is well-taken. The learned Advocate-Commissioners have secured a quotation from a contractor, who has designed the plan referred to supra. For one independent quarter, indicating the works and specifications therein in detail, a sum of Rs. 12,75,000/- is quoted by him. Since the area that is sought to be constructed is 1075 square feet, the rate quoted by the contractor appears to be fair and reasonable, particularly when viewed in the background of the works sought to be undertaken and the specifications provided therefor. Taking into consideration and account all the relevant facts and circumstances, including the available financial resources, I consider it appropriate to accept the terms and conditions specified by Sri Ch. Krishna Rao, Contractor, Roads & Buildings, which is enclosed at Annexure-D to the report. The learned Advocate-Commissioners may forthwith issue a work order, duly accepting the terms and conditions specified in the quotation issued by Sri Ch. Krishna Rao, Contractor, dated 02.12.2010, providing five months’ time for completion of construction of one unit. For the purpose of easy identification, the three units noted at page 5 of the Annexure are marked as ‘A’, ‘B’ and “C” units. The learned Advocate-Commissioners are therefore, directed to issue the work order, informing Sri Ch. Krishna Rao, duly accepting his quotation, dated 02.12.2010 for execution of the quarter bearing unit No. “C”. The remaining open land for the purpose of construction of units “A” and “B” may be transferred by the learned Advocate-Commissioners at the expense of the managements of the respective two temples which are coming in the lay out so as to enable them to undertake the construction on their own. The learned Advocate-Commissioners will allot unit “A” to Sri Sringeri Sarada Peetham, Sringeri and Unit “B” to Sri Raghavendra Swamy Mutt, Mantralayam. Insofar as Unit “C” is concerned, as requested and desired by the applicants, the same may be transferred in favour of any agama sastra pandit of their choice. The learned Advocate- Commissioners may execute the necessary deed transferring the right, title and interest over the land in favour of the said individual, at his own cost. The learned Advocate-Commissioners may transfer all the rights, title and interest under the company under liquidation in the said parcel of land in favour of the agama sastra pandit, who the applicants will name. Further, in view of financial resource position reflected in the report, the learned Advocate-Commissioners will return/deposit with the Official Liquidator, proportionately lesser amount, which can be specified or quantified at a later stage, after the pending projects and balance claims are all settled. To this extent, the orders, dated 29.12.2008 and 25.06.2010 are modified. The necessary work order be issued immediately. Both the Company Applications are accordingly allowed. The orders dated 29.12.2008 and 25.06.2010 passed in Company Application No. 1678 of 2008 and Company Application No. 191 of 2010 shall accordingly stand modified. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 20th December 2010 Issue CC in two days. ksld