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COMA/205/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 205 of 2011
With
COMPANY
APPLICATION No. 293 of 2011
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BHAVESH
INDUSTRIES - Applicant(s)
Versus
O.L
OF M/S GUJARAT SUSPENSION LTD & 1 - Respondent(s)
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Appearance :
MRS
SANGEETA N PAHWA for Applicant(s) : 1,
OFFICIAL LIQUIDATOR for
Respondent(s) : 1,
MR MRUGESH JANI for Respondent(s) : 1,
MR MB
GANDHI for Respondent(s) : 2,
MR CHINMAY M GANDHI for
Respondent(s) : 2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/06/2011
COMMON
ORAL ORDER
Company
Application No. 205 of 2011 is filed by Bhavesh Industries, a
partnership firm seeking directions against Gujarat Industrial
Development Corporation (GIDC) to transfer the properties covered by
Lot No.I being land and building, plant and machinery except records
situate at Shed No.C-1/2500/12 and C-1/2500/13, GIDC Estate, Halol,
District-Panchmahal in favour of the said applicant without
insisting for payment of pre-liquidation dues of GIDC. Bhavesh
Industries is the nominee of the auction purchaser whose bid was
found to be highest for an amount of Rs. 18,50,000/- in respect of
properties of the Company in Liquidation covered by Lot No.I.
Accordingly, sale in favour of the auction purchaser came to be
confirmed vide order dated 26.12.2008 by this Court in Official
Liquidator Report No. 145 of 2008.
It is the
case of the applicant of Company Application No.205 of 2011 that the
concerned applicant has paid the entire purchase consideration with
the office of Official Liquidator and the Official
Liquidator has handed over possession of the properties sold to it
under the order of confirmation. The Official Liquidator has also
executed sale deed dated 04.05.2010 in favour of the concerned
applicant.
The
applicant however by present application has raised grievance that
the GIDC is not transferring the properties purchased under the
order of confirmation and GIDC is insisting on payment of
pre-liquidation dues of the Company in Liquidation. According to the
applicant, the applicant is only liable for payment of the post
liquidation dues of GIDC. Reliance is placed by the applicant to
clause 15 of the terms and conditions of sale to submit that the
auction purchaser is only liable for the dues of GIDC for the period
post winding up. For the dues of the pre-liquidation period, it is
submitted that the GIDC is obliged to lodge its claim with the
Official Liquidator. The applicant has also stated that it has paid
the dues of GIDC for the post winding up order date and the GIDC has
also issued no due certificate dated 09.12.2009, a copy of which is
already produced along with the affidavit in support of Judges
Summons. The applicant has also placed reliance upon an oral order
dated 07.04.2011 made by this Court in Company Application No.274 of
2010.
In response
to the Company Application No. 205 of 2011, a reply affidavit is
filed on behalf of GIDC. Various issues are raised in the reply
affidavit opposing the application. The GIDC has also filed Company
Application No. 293 of 2011 seeking various reliefs as contained
therein. However, during the course of hearing, Shri M.B. Gandhi,
Learned Advocate appearing on behalf of GIDC has fairly agreed that
if the Official Liquidator is directed to pay the dues of GIDC for
the pre-liquidation period, the GIDC has no objection to transfer
the properties sold to the applicant together with leasehold rights.
The Court has also heard Shri Mrugesh Jani, Learned Counsel
appearing for the Official Liquidator.
The
Court has considered the facts and circumstances of the case,
perused the records and has also referred to an earlier order dated
07.04.2011 made by this Court in Company Application No.274 of 2010.
The Court also has taken into consideration the fair stand by Shri
M.B. Gandhi appearing on behalf of GIDC though Shri Mrugesh Jani,
Learned Advocate appearing on behalf of Official Liquidator has
expressed his inability to agree with submissions made by learned
counsel for the GIDC..
In
view of the above, this Court finds it appropriate to direct the
Official Liquidator to pay the dues of GIDC for the pre-liquidation
period subject to recovery of other dues in accordance with law. The
GIDC in turn is directed to issue no objection to the applicant and
effect transfer of leasehold rights in favour of the applicant
without insisting for payment towards arrears of tax upto the date
of winding up of the Company in Liquidation in respect of the
properties purchased under order of confirmation dated 26.12.2008
made by this Court.
Subject
to the above directions, both the applications stand disposed of.
[Anant
S. Dave, J.]
*pvv
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