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OJCA/271/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 271 of 2011
In
O.J.APPEAL
No. 21 of 2011
In
CIVIL
SUITS No. 7 of 1993
=========================================================
M/S
MAHALAXMI BUILDINGS SINCE DISSOLVED THRO.BHOLABHAI V PAT & 2 -
Applicant(s)
Versus
VIJAYKARAN
SUBHKARAN DUGAR & 4 - Respondent(s)
=========================================================
Appearance :
MR
MB GANDHI for
Applicant(s) : 1 - 3.MR CHINMAY M GANDHI for Applicant(s) : 1 - 3.
MR
NV GANDHI for Respondent(s) : 1,
MR DEVANG D TRIVEDI for
Respondent(s) : 2,
OFFICIAL LIQUIDATOR for Respondent(s) : 3,
None
for Respondent(s) : 4 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 29/08/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. It
has been stated by Mr. J.S. Yadav that the amount of Rs.5 lacs has
been deposited in three instalments i.e. (i) Rs.1,67,000/- (ii)
Rs.1,66,500/- and (iii) Rs.1,66,500/-. Now under the circumstances,
the Official Liquidator by engaging some Expert shall get the
verification on the following aspects :
(1) Whether,
there is any separate terrace right available in the premises or not,
if yes, valuation thereof.
(2) Whether,
there are any individual properties of the alleged contemner who were
Bholabhai Valjibhai Patel, Gokul Valjibhai Patel and Gordhan
Valjibhai Patel.
2. The
Official Liquidator shall also report to this Court about the shops,
if any, of which the possession has been taken over by Official
Liquidator and whether any claim has been made therein by any party
and the valuation thereof.
3.
It will be open to the contemner to supply relevant documents for
such purpose to the office of the Official Liquidator for the Expert
engaged for this purpose.
4. S.O.
to 20.09.2011. A report shall be produced before this Court on
20.09.2011 on its value, feasibility and other relevant aspects.
Sd/-
(Jayant
Patel, J.)
Sd/-
(R.M.
Chhaya, J.)
M.M.BHATT
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