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COMA/388/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 388 of 2008
In
OFFICIAL
LIQUDATOR REPORT No. 19 of 2008
In
COMPANY
PETITION No. 279 of 1999
=========================================
KALPESH
PATEL
Versus
O
L OF GEM EYEADRONS LTD (IN LIQUIDATION) AND ANOTHER
=========================================
Appearance :
MR
PAVAN S GODIAWALA for the Applicant
MR MRUGEN
JANI for Respondent No.1
MR KI SHAH for Respondent
No.2
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 14/07/2008
ORAL
ORDER
1. Present
application is filed praying that:-
?SA. The Hon’ble
Court would be pleased to direct the Official Liquidator to hand over
the peaceful and vacant possession of the residual area admeasuring
339 square feets of carpet area of office premise situated at 103
Panorama, R.C. Dutt Road, Alkapuri, Baroda of M/s. Gem Eyeadrons Ltd.
(in Liquidation) to the Applicant pursuant to the order dated
14/2/2008 passed in OLR No.19 of 2008 confirming the sale of said
premises in favour of the Applicant herein.??
2. Heard
Mr.Mrugen Jani, learned advocate for the Official Liquidator and
Mr.K.I.Shah, learned advocate for the Canara Bank.
3. Mr.K.I.Shah,
learned advocate for the Canara Bank submitted that the only role
played by the Canara Bank is that it get the property valued. Rest
of the things were in the control of the Official Liquidator. The
act of non-handing over the area of 339 sq. ft. of carpet area of
office premises can be attributed to the Official Liquidator.
4. Mr.Jani
for the Official Liquidator submitted that the Official Liquidator
has no reservations in handing over the residual area of 339 sq. ft.
of carpet area. He submitted that the residual area of premises
situated at 103, Penorama will be handed over.
5. Having
perused order dated 14.02.2008 in Official Liquidator Report No.19 of
2008, present application deserves to be granted. The same is
accordingly granted. The Official Liquidator is directed to hand
over possession of the residual area of the premises.
Application
is disposed of accordingly.
(RAVI
R.TRIPATHI, J.)
*Shitole
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