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COMA/444/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 444 of 2008
In
OFFICIAL
LIQUDATOR REPORT No. 119 of 2007
In
COMPANY PETITION No. 94 of 1996
=========================================================
KRAZE
BUILDER PVT LTD - Applicant(s)
Versus
O
L OF ARYAN FINE FAB LTD (IN LIQUIDATION) - Respondent(s)
=========================================================
Appearance
:
MRS
SANGEETA N PAHWA for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
MR
JS YADAV for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 22/08/2008
ORAL
ORDER
1. The
applicant of the company application has taken out the Judges
summons praying for the direction to the Official Liquidator to
handover the copies of the documents of the property forming part
of Lot no.1 of company in liquidation being plot No.1,i.e. Land
at Survey No. 1559 and T.K. Office situated at Chhatral Mehsana
Highway, Opp. Torrent, Village- Rajpur,Taluka-Kadi, District
-Mehsana, except records, and seeking for the direction to make
arrangement for measurement of the land at the cost of the
applicant.
2. This
Court had passed an order on 13/8/2008 directing the Official
Liquidator to inform the date and time of the handing over the
possession of the land to the applicant and in any case, the
possession should be handed over on or before 22/8/2008.
3. The
Official Liquidator has filed his report dated 21/8/08, wherein he
has stated that the Official liquidator had informed the applicant
by latter dated 18/8/08 for handing over the land to the applicant
on 20/8/08. Accordingly he had deputed a person at the time of
handing over the possession on 20/8/2008 and the possession was in
fact handed over to the applicant.
4. Mr.
Mr.K.Pahwa Learned advocate for the applicant states that applicant
has received the possession of the land in question.
5. The
Official Liquidator further stated that, the title documents of the
properties sold to the applicant are lying with the secured
creditor being Punjab National Bank. Therefore, the said secured
creditor may be directed to give the said documents to the Official
Liquidator so that the Official Liquidator can handover the said
documents to the applicant. The whole exercise is to be completed
within one month from today.
6. As
far as the measurement of land is concerned, since the possession of
the land in question, is with the applicant, the applicant can
certainly make necessary arrangement for measurement of the
land at his cost from DILR or any other agency.
Subject
to the above directions and observations, this Company Application
stands disposed of.
(K.A.PUJ,J)
*sHELAT
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