IN THE HIGH COURT OF JHARKHAND AT RANCHI
Company Petition No. 6 of 2009
In the matter of M/s Sone Vanaspati Ltd. Ranchi............ Petitioners
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Coram: Hon'ble Mr. Justice R.K.Merathia
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For the Official Liquidator : Mr. B.Mishra, In person
For Secured Creditor : Mr. Indrajeet Sinha, Advocate
For Purchaser : Mr. P.C.Agarwal,Advocate
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11/18.03.2011
I.A. No. 905 of 2011 &
Report of the Official Liquidator dated 14/03/2011.
It is submitted by Mr. P.C.Agarwal, learned counsel appearing for
Mr. Arun Kumar Gupta that Mr. Gupta was authorized signatory of M/s
Nilambar Trexim & Credit Pvt. Limited, 94 N.S.Road, Bujbuj, 24 Paragna,
West Bengal, and in that capacity he took part in the bid; and that by
mistake such position was not made clear in the bid though the EMD
amount was deposited from the funds of the said Company and the sale
amount will also be deposited by the said Company and, therefore, it is not
a case where Mr. Gupta is trying to transfer it to the said Company against
the terms of the sale notice.
The Official Liquidator and Mr. Indrajeet Sinha, learned counsel
appearing for the secured creditor submitted that if that be so, the Official
Liquidator may be permitted to proceed with the matter for conveying deed
in the name of the said Company.
In the circumstances, the Official Liquidator is permitted to do the
needful for conveying the deed to the said Company M/s Nilambar Trexim &
Credit Pvt. Limited, handing over the possession thereof and disbursement
of the amount to the secured creditor after settling the claim if any.
Mr. Agarwal, submitted that he is handing over the draft of the
balance amount to the Official Liquidator.
He is permitted to do so.
The EMD of the 2nd bidder namely Upendra Singh Const. (P) Ltd.,
be handed over to Mr. B.K.Prasad, learned counsel appearing for the said
company.
This interlocutory application and the report of the Official
Liquidator dated 14/03/2011 stand disposed of.
Put up this case on 1st April, 2011.
Let a copy of this order be handed over to the Official Liquidator.
(R.K.Merathia, J)
Mukund/