IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Co.Appeal.No. 30 of 2010() -------------------------- ( AGAINST THE ORDER PASSED IN CO.APPL.NO.306/2010 IN REPORT NO.9 IN CP.20/2009 Dated 24/05/2010) .................... APPELLANT/APPLICANT --------------------------------------- JACOB ABRAHAM,AGED 49 YEARS, S/O.ABRAHAM,OORAKAMANNIL HOUSE,ELAPPARA.P.O, IDUKKI,PIN-688501. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S): RESPONDENT/ADDL.RESPONDENT ------------------------- 1. OMNICIOUS CUSTOMER SERVICES AND AGRO INDUSTRIES LTD.(IN LIQUIDATION)REPRESENTED BY THE OFFICIAL LIQUIDATOR,HIGH COURT OF KERALA, COMPANY LAW BHAVAN,B.M.C.P.O,KAKKANADU, COCHIN-21. 2. SHANMUGHAN.C.R,CHENNAMPILLY, (KAILASAM)WEST KODUNGALLUR,ALWAYE. THIS COMPANY APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ Company Appeal No. 30 OF 2010 ------------------------ Dated this the 8th day of June, 2010 JUDGMENT Abdul Rehim, J. This appeal is preferred against dismissal of Company Application No.306/2010 in Report No.9 in C.P. No.20/2009. Company Court permitted the Official Liquidator to dispose of movables and immovables of the company concerned, which is in liquidation, after making due publication. The Official Liquidator invited tenders to be submitted on or before 12/5/2010. Auction was held on 13/5/2010. Only two persons including the 2nd respondent participated in the auction and the Official Liquidator filed Report No.9 praying for confirmation of sale in favour of the 2nd respondent. The offer made by the second respondent being the highest one, for Rs.41,55,000/- for the immovables and Rs.72,001/- for the movables. 2. Appellant had approached the Company Court making an offer of Rs.45,00,000/- for the immovable property, i.e. Rs.3,45,000/- in excess of the offer of the 2nd respondent. He prayed for acceptance of the offer and to sell the property to Co.Appeal.No.30/2010 2 him. According to the appellant, he could not participate in the sale proceedings since he was not in station and was on business travel in Chennai. 3. The Company Court, after elaborate consideration, found that the appellant has no locus standi to make such a prayer or to make such an offer at this stage. It is further found that there was no other objection with respect to the sale proceedings and nobody has a case that the value fetched in the auction is too low. The Company Court found that if such request is entertained, there may not any end to the sale proceedings. 4. Heard Sri.Raju Joseph, learned counsel for the second respondent and also the standing counsel appearing for the Official Liquidator. The Standing Counsel for Official Liquidator submitted that due publication was given about the sale 15 days before, both in Malayalam and in English dailies having vide circulation. Even the appellant has not complained about any irregularity with respect to the sale. On the other hand, he is only making an offer which is Rs.3,45,000/- in excess of the highest offer, for the reason that he could not participate in the tender. Co.Appeal.No.30/2010 3 As rightly observed by the learned Company Judge, such request could not be entertained. It will ultimately prolong the procedure indefinitely. We find no infirmity with the order of the Company Court warranting interference in this appeal. Accordingly, the appeal is dismissed. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk