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COMA/510/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 510 of 2008
In
OFFICIAL
LIQUDATOR REPORT No. 175 of 2007
In
OFFICIAL LIQUDATOR REPORT No. 123 of 2006
==========================================
PUSTI
ENTERPRISES PVT LTD - Applicant(s)
Versus
O
L OF M/S PATEL MILLS LTD (IN LIQN) & 38 - Respondent(s)
========================================
Appearance :
MR
SACHIN D VASAVADA for Applicant(s) : 1,
OFFICIAL
LIQUIDATOR for Respondent(s) : 1,
MR RAKESH R PATEL for
Respondent(s) : 2,
None for Respondent(s) : 3 -
39.
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 19/09/2008
ORAL
ORDER
By
this application, the applicant seeks a direction against respondent
to execute the sale deed in favour of the present applicant in terms
of the order passed by a Division Bench of this Court in O.J.
Appeals No.229 of 2007 and No.232 of 2007.
Pursuant
to the orders passed by a Division Bench of this Court in O.J.
Appeals No.229 of 2007 and No.232 of 2007, and Miscellaneous Civil
Application No.80 of 2008, out of thirty-one lessors, twenty-seven
lessors have already been paid the amounts as stated in the said
order. However, as regards the three lessors, it appears that there
was some dispute, hence, the sale deed could not be executed so far.
Today, at the time of hearing of the present application, the
parties have resolved the matter between them and have arrived at
the following consensus :
[a] The
remaining three lessors agree to furnish all necessary details to the
IDBI Bank. Till then, the IDBI Bank shall retain the amounts payable
to the said three lessors, namely, [1] Shantaben Chandulal Patel,
wife of Mohanbhai Ganeshbhai Patel, [2] Bhadraben Rasikbhai Patel
[daughter of Bachubhai Somnath Patel], and [3] Premilaben Ramkrishna
Amin [daughter of Bachubhai Somnath Patel], in Fixed Deposits, along
with the interest accrued thereon.
[b] On
furnishing all details to the IDBI Bank, the IDBI Bank will release
the amount forthwith with interest accrued thereon.
[c] All
lessors undertake to execute the sale deed in favour of the applicant
on 22nd September, 2008.
In
view of the aforesaid, the grievance voiced by the applicant in the
present application stands redressed. The application is, therefore,
disposed of accordingly.
[HARSHA
DEVANI, J.]
parmar*
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