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COMA/510/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 510 of 2007
In
COMPANY
PETITION No. 207 of 2001
=========================================================
THE
KALUPUR COMMERCIAL CO-OPERATIVE BANK LTD. - Applicant(s)
Versus
O.L.
OF MINAL OIL & AGRO INDUSTRIES PVT. LTD. & 5 - Respondent(s)
=========================================================
Appearance
:
MR
CHUDGAR FOR NANAVATI ASSOCIATES for
Applicant(s) : 1,
MR MRUGESH JANI for Respondent(s) : 1,
SINGHI
& CO for Respondent(s) : 2,
NOTICE SERVED for Respondent(s) :
3,
MS NALINI S LODHA for Respondent(s) : 4,
MR DV PARIKH for
Respondent(s) : 5,
MR PRAFUL J BHATT for Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 04/08/2008
ORAL
ORDER
During
the course of hearing Shri Chudagar, learned counsel appearing for
the applicant; Shri Mrugesh Jani, learned counsel appearing for the
Official Liquidator and Shri P.J. Bhatt, learned counsel appearing
for the opponent no.6, it has transpired clearly that there is some
anomaly as to valuation report prepared by the valuer Shri Desai and
the actual measurement of land for which the bid was invited and the
procedure for sale has been followed.
Hence,
the opponent no.6, the potential purchaser, with the help and
assistance of the Official Liquidator of the company in liquidation,
shall get all the survey numbers measured, which are mentioned in
the advertisement published for sale of the parcel of land, through
the District Inspector Land Records of Revenue Department, to avoid
future complications or any scope of encroachment on other adjacent
land. The anomaly as to the measurement of land between the report
of the valuer and the actual measurement shown in the advertisement
ought to have been resolved much earlier, but it is clear that the
lands of all the Survey Numbers sold are specifically mentioned in
the mortgage deed as well as in the advertisement published.
It
will not be proper for the Court to accept the prayer as it is,
unless the Court is satisfied about the actual measurement of land
which has been sold to opponent no.6.
Necessary
charges for the measurement of the land shall be paid by opponent
no.6. The Official Liquidator shall intimate the concerned District
Inspector Land Records about the orders passed by this Court asking
him to get the entire parcel of land measured and prepare a map of
the entire parcel of land with necessary description as per the
norms of the Government.
The
applicant can also participate in the measurement proceedings and
can assist the Official Liquidator in getting the land measured.
So,
in the interest of justice, the matter is adjourned to 02nd
September 2008.
(C.K.
Buch, J)
Aakar
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