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COMA/140/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 140 of 2010
In
COMPANY
PETITION No. 80 of 2002
===================================
NARIMAN
POINT CHEMICAL - Applicant
Versus
O
L OF HEMCO MINING AND SMELTING LIMITED & 1 - Respondents
===================================
Appearance
:
MR
SURESHKUMAR RAVI for Applicant.
MS AMEE YAJNIK for Official
Liquidator.
MR RITURAJ M MEENA for Respondent No. 2.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 23/07/2010
ORAL ORDER
The
applicant, namely, Nariman Point Chemical Industries Limited has
taken out this Judge’s Summons seeking direction to the Official
Liquidator to remove the seal on the property bearing Plot No. 30,
GIDC Industrial Estate, Umargaon on the ground that the applicant is
the owner of the said property and the Company in liquidation i.e.
Hemco Mining & Smelting Limited has nothing to do with the said
property.
The
applicant has produced certain documents along with the application.
GIDC is also impleaded as party and affidavit-in-reply is filed on
behalf of GIDC. It is confirmed by the GIDC that the Corporation
has executed lease deed dated 26.12.1975 in favour of Hemant
Pulverising Mills on 26.12.1975 and thereafter, Deed of Assignment
was executed in favour of the present applicant on 23.05.1995.
It
is the say of the applicant that the property was hypothecated
and/or mortgaged with the three Secured Creditors, namely, United
Western Bank Limited, Canara Bank and State Bank of Hyderabad by
joint Deed of Hypothecation dated 09.11.1995. A charge was also
registered with the Registrar of Companies. It is the say of the
applicant that the said charge is still continued.
The
relevant document for our purpose is, therefore, the Deed of
Assignment dated 23.05.1995 and Deed of Hypothecation dated
9.11.1995. Hence, the applicant is directed to produce on record
Deed of Assignment dated 23.05.1995 and Deed of Hypothecation dated
9.11.1995.
S.O.
to 28.07.2010.
Sd/-
[K. A. PUJ, J.]
Savariya
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