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COMA/90/2009 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 90 of 2009
In
OFFICIAL
LIQUDATOR REPORT No. 143 of 2008
In
COMPANY
PETITION No. 67 of 1993
=========================================
USHABEN
PUSHPKANTH BHATT - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF M/S TESTEELS LTD & 7 - Respondent(s)
=========================================
Appearance :
MR
BD KARIA for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
MR
JS YADAV for Respondent(s) : 1,
MR MRUGESH JANI for Respondent(s)
: 2 - 3.
MR HS MUNSHAW for Respondent(s) : 4,
MR MITUL K SHELAT
for Respondent(s) : 5, 7,
MR GM AMIN for Respondent(s) : 6,
MR
NEERAJ SONI, AGP for Respondent(s) :
8,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/04/2010
ORAL
ORDER
1.
The present Judge’s Summons has been taken out by the applicant for
the following relief;
(A) to
direct the respondent-Official Liquidator of M/s. Testeel Ltd. (in
liquidation) to handover the possession of the land of Survey No.
338/paiki 69 admeasuring 366 sq meters, Survey No. 338/paiki 82
admeasuring 366 sq meters, Survey No. 338/paiki 90 admeasuring 358 sq
meters, Survey No. 338/paiki 103 admeasuring 258 sq meters, total
land admeasuring 1242 sq meters, non-agricultural land situated at
village Vinjol, Taluka Daskroi, District Ahmedabad.
2. This
Court passed the following order on 17/09/2009;
1. It
appears that as per the claim of the Official Liquidator, the area of
47687 was found to be in possession of the company whereas the stand
of GIDC is that the area allotted of plot No.10/1 was 43687. It is
the case of the applicant that therefore there is additional area
admeasuring 1242 Sq. Mtrs. of survey No. 338/69 admeasuring 366
Sq.Mtrs., survey No. 338/82 admeasuring 366 Sq.Mtrs., survey No.
338/90 admeasuring 358 Sq.Mtrs. and survey No. 338/103 admeasuring
258 Sq.Mtrs., have been wrongly included by the valuer and it is also
the case of the applicant that the possession has also been wrongly
taken over of the said land which belongs to the applicant.
2. Under
these circumstances, it would be just and proper if the measurement
is undertaken by the DILR at the cost of the applicant of the area of
plot No.10/1, allotted by GIDC whether it admeasures 43687 Sq.Mtrs.
or 47687 Sq.Mtrs. or any other area. Further, DILR office shall also
verify if any area exceeding 43687 Sq.Mtrs. is occupied by the
Official Liquidator on the basis of the alleged capacity of the
company in liquidation and if yes, the said area exceeding 43687
shall be separately marked together with the survey number thereof.
DILR office shall also verify as to whether in the additional area
there is any portion included of the land of survey Nos. 338/69,
338/82, 338/90 and 338/103 or not.
4. The
aforesaid exercise shall be undertaken within four weeks upon the
payment of necessary charges including the urgent fees, if required,
to be paid by the applicant and the sketch shall be produced
thereafter. S.O. to 2nd November, 2009.
5. Direct
service permitted.
3. Pursuant
to the aforesaid order passed by this Court dated 17/09/2009, DILR
has undertaken the exercise of measurement of the area of plot no.
10/1, alloted by GIDC to the Company in liquidation.
4. Shri
Neeraj Soni, learned AGP has placed on record the map prepared by the
office of the DILR with respect to plot no. 10/1 and whether the land
bearing Survey Nos. 338/69, 338/82, 338/90 and 338/103 falls within
the area of plot no. 10/1 or not.
5. As
per the map prepared by the office of the DILR, Ahmedabad, signed by
the District Surveyor, Ahmedabad (which is directed to be taken on
record), plot no. 10/1 alloted by GIDC to the Company in liquidation
is not forming part of Survey Nos. 338/69, 338/82, 338/90 and
338/103 as claimed by the applicant.
6. In
view of the above, the claim made by the applicant is not sustainable
and, therefore, the prayer of the applicant cannot be granted. Under
the circumstances, the present application deserves to be dismissed
and is accordingly dismissed. Before parting with the present order,
it is to be noted that even as per the map prepared by the office of
the DILR, the area, of plot no. 10/1, is more, to the extent of 387
sq meters. The area of plot no. 10/1 is 44074 sq meters, which
according to the DILR is 387 sq meters more than the plot alloted by
GIDC. Under the circumstances, DILR, Ahmedabad is further directed
to prepare fresh map only with respect to the aforesaid 387 sq meters
of land, which is found to be in excess, is from which survey no.
(M.R.
SHAH, J.)
siji
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