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COMA/50920/2008 3/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 509 of 2008
In
COMPANY
APPLICATION No. 13 of 2008
In
OFFICIAL
LIQUDATOR REPORT No. 114 of 2007
=========================================================
GANDHI
ASSOCIATES - Applicant(s)
Versus
O
L OF JAY AGRO CHEM PVT LTD (IN LIQN) & 1 - Respondent(s)
=========================================================
Appearance
:
MRS
SANGEETA N PAHWA for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) :
1,
MR.HIREN M MODI for Respondent(s) : 1,
NOTICE SERVED BY DS
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 26/09/2008
ORAL
ORDER
The applicant has taken
out this Judge’s Summons praying for the deletion of direction as to
signing of the Sale Deed by GIDC as confirming party. Alternatively
the applicant has prayed for the direction to the Regional Director,
GIDC forthwith to sign Sale Deed dated 10.4.2008 executed by the
Official Liquidator in favour of the applicant as per order dated
15.1.2008 passed by this Court in Company Application No.13/2008 in
OLR No.114/2007.
This Court has issued
notice on 19.9.2008. Notice was duly served on GIDC. Despite
service of notice nobody appears on behalf of the GIDC nor any
Officer from the GIDC is present in the Court.
Heard Mrs.Sangeeta N.
Pahwa, learned advocate appearing for the applicant and Mr.Hiren
Modi, learned advocate appearing for the Official Liquidator. This
Court in its order dated 15.1.2008 has specifically observed that
the property in question is situated within GIDC area and hence the
Official Liquidator was directed to obtain necessary documents from
GIDC and after receipt of the documents from GIDC the same shall be
handed over to the applicant or its nominee. Over and above this,
the Court has directed GIDC to sign the Sale Deed as confirming
party.
Pursuant to this order
letters were written by the Official Liquidator to GIDC. The
present applicant has also written a letter to the Regional Director
on 15.7.2008. Despite this, no one has come forward on behalf of the
GIDC to sign the Sale Deed which is to be executed by the Official
Liquidator in favour of the present applicant. The applicant has,
therefore, to file present application seeking appropriate
direction.
Since the directions have
already been issued by the Court earlier the same will have to be
complied with unless there are certain compelling circumstances for
non compliance of the same. No explanation is offered by the GIDC
as to why they are reluctant to sign the Sale Deed.
In this view of the
matter, GIDC is once again directed to sign the Sale Deed which is
to be executed by the Official Liquidator in favour of the present
applicant, as confirming party. The Sale Deed will have to be
executed and duly signed by the GIDC within 15 days from the date of
receipt of writ of this Court or from the date of receipt of
certified copy of this order, which ever is earlier. It is made
clear that despite this specific direction if GIDC would not
cooperate in execution of Sale Deed by signing as a confirming party
the Court will take very adverse view against responsible Officer of
GIDC and may initiate contempt proceedings for non compliance of the
direction.
The Official Liquidator
is directed to file compliance report of this order, immediately
after expiry of the period of 15 days as indicated above so that
further direction be issued.
Subject to the aforesaid
direction this application is disposed off. D.S. permitted.
(K. A. PUJ, J.)
kks
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