Court No. - 33 Case :- COMPANY PETITION No. - 31 of 2006 Petitioner :- National Housing Bank Respondent :- Dharohar Housing & Finance Limited Petitioner Counsel :- Satish Chaturvedi,B.K. Pandey Respondent Counsel :- O.L.B.K.L. Srivastava,Raj Nath N. Shukla,S.C. Hon'ble Pankaj Mithal,J.
In response to the report no. Judicial 45 of 2010 of the Official Liquidator the
auction purchaser M/S Jagdish Prasad Vaish represented by Sri Suyash
Agrawal takes a stand that the title of the company under liquidation over the
property in dispute is not clear.
Sri Shukla, learned counsel for the Official Liquidator states that the company
in liquidation purchased this property from a builder but inspite full payment
final sale deed has not been executed therefore, it is being contended by the
other side that the title is not clear, though, the same is not being disputed by
any other person.
Sri Shukla further states that the builder is ready and willing to execute the
sale deed in favour of the company under liquidation and once the sale deed is
executed it will set at rest the entire controversy.
In view of the aforesaid facts and circumstances, the builder namely Prakash
Project Private Limited (Director Jatan Lal Parikh) is directed to execute the
sale deed in respect of the property in question in favour of the company in
liquidation through Official Liquidator on verification of records as the
receipt of total sale consideration of Rs. 2,27,000/-. The sale deed shall be
executed within a period of one month from today if there is no legal
impediment whereupon the official liquidator would apply to the Municipal
Corporation for recording of the name of the company against the aforesaid
property within two weeks thereafter and at the same time proceed to execute
the sale deed in favour of Jagdish Prasad Vaish the auction purchaser in
whose favour sale has already been confirmed on 26.11.2008 by this Court
within a period of another one month thereafter.
List after two months.
Order Date :- 7.7.2010
SKS