Gujarat High Court Case Information System
Print
OLR/38/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
OFFICIAL
LIQUDATOR REPORT No. 38 of 2010
In
COMPANY APPLICATION No. 393 of 2009
In
COMPANY PETITION No. 212 of
1998
======================================
O.L.OF
M/S STAR OF GUJARAT TEXTILE MILLS LTD ( IN LIQN.) - Applicant
Versus
CENTRAL
BANK OF INDIA & 3 - Respondents
======================================
Appearance
:
MR
JS YADAV for the Applicant.
None for Respondent(s) : 1 - 3.
NOTICE
SERVED BY DS for Respondent(s) :
4,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/05/2010
ORAL
ORDER
1. The
present Official Liquidator Report has been submitted by the
applicant Official Liquidator of M/s. Star of Gujarat Textile
Mills Ltd. (In Liquidation). Pursuant to the order passed by this
Court dated 22/03/2010, by which, the Official Liquidator was
directed to place on record the status of the land of the Company (In
Liquidation) and the reasons as to why the land of the Company (In
Liquidation) is not sold so far. It is submitted that there was a
serious dispute with respect to area and boundary of the land of the
Company (In Liquidation) and, therefore, it was decided by the Sale
Committee to get further report from the GITCO about tenure and area
of the land of the Company (In Liquidation) and it is reported that
report from the GITCO with respect to the status of the land, is
still awaited. It is reported that in view of the above and in view
of the fact that HRP Suit No.97 of 1997 filed by the owners of the
remaining land of the Company is pending before the Small Causes
Court at Ahmedabad, the Official Liquidator could not dispose of the
land of the Company (In Liquidation). It is submitted that it is not
clear as to whether the land where the Quarters / Chawls of the
Company are situated, are on the land acquired under ULC Act or
Leasehold land or freehold land. These details will be available from
the report of GITCO. It is submitted that as soon as the report is
submitted by GITCO, the appropriate necessary action with regard to
sale of land of the Company shall be initiated by the Official
Liquidator of the Company (In Liquidation). The report from the
GITCO is awaited since long and despite various reminders inclusive
of last communication dated 13/01/2010. This Court passed an order to
join the Manager, GITCO as party respondent No.4 to appraise the
Court as to when the GITCO is completing the work of demarkation
pursuant to the communication dated 13/01/2010.
In
response to the order passed by this Court dated 05/04/2010,
Mr.Girish P.Trivedi, Senior Consultant, GITCO is personally present
in the Court and has submitted that he has already completed survey
work relating to fixation of boundary of the land area of M/s Star of
Gujarat Textile Mills Ltd. (In Liquidation) and has also collected
details of the land area and the related sketch from the Town
Planning Officer and he has tried to match sketch with the
survey-sheet, but, both do not match with each other and they have
already approached the Drawing Branch, Ahmedabad Municipal
Corporation to provide relevant data so that the boundary can be
ascertained. It is submitted that on receiving the data from the
Drawing Branch, Ahmedabad Municipal Corporation, there shall be
fixation of boundaries of the land of the Company (In Liquidation).
2. In
view of the above, this Court requested Mr.R.M.Chhaya, learned
advocate appearing on behalf of the Ahmedabad Municipal Corporation
to assist the Court and get information from the concerned Department
when they will supply the relevant data to the GITCO so that the
boundary can be ascertained by the GITCO. Today when the present
Official Liquidator Report is taken up for hearing, Mr.Chhaya,
learned advocate appearing on behalf of the Ahmedabad Municipal
Corporation has submitted that by communication dated 13/05/2010 the
Estate Officer of the Ahmedabad Municipal Corporation has submitted
the Site Survey Map of the land of the Company (In Liquidation).
3. In
view of the above, now GITCO is required to complete the work of
demarcation of the land of the Company (In liquidation) and send it
to the Official Liquidator. Under the circumstances, the present
Official Liquidator Report is disposed of by directing the Official
Liquidator of the Company (In Liquidation) to get necessary report of
demarkation from the GITCO at the earliest and to submit the report
before this Court and to proceed further with sell of the land of the
Company (In Liquidation) at the earliest and to get Valuation Report
from the approved Valuer within a period of three weeks from the date
of receipt of the report from the GITCO and to submit appropriate
report before this Court for fixation of upset price, etc.
With
this, the present Official Liquidator Report is disposed of.
[M.R.SHAH,J]
*dipti
Top