Company Appellant No.116/2021 allowed. Directed Official Liquidator to execute registered sale deed for official quarters in Mandya in applicant's favour within four weeks
Granted permission to purchase the house property No.F-20; directed sale deed execution within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR
COMPANY APPLICATION NO.116 OF 2021 C/W COMPANY APPLICATION NO.48 OF 2022 IN COMPANY PETITION NO.45/2001
BETWEEN
SRI.C.JAYARAMU S/O LATE SRI.U.CHOWDAIAH AGED ABOUT 69 YEARS R/O NO.F-20 ACETATE TOWN MANDYA DISTRICT MANDYA - 571 404
…APPLICANT (COMMON IN BOTH APPLICATIONS) (BY SRI.G.M.ANANDA, ADVOCATE FOR APPLICANT IN CA 116/2021 & CA 48/2022)
AND
THE MYSORE ACETATE AND CHEMICALS CO. LTD. (IN LIQN) REPTD BY THE OFFICIAL LIQUIDATOR CORPORATIONI BHAVAN NO.26/27, 12TH FLOOR RAHEJA TOWERS, M.G.ROAD BANGALORE - 560001
…RESPONDENT (COMMON IN BOTH APPLICATIONS)
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(BY SMT.REVATHI ADINATH NARDE, ADVOCATE FOR OFFICIAL LIQUIDATOR)
THESE APPLICATIONS ARE FILED UNDER RULE 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING THAT HIS HON’BLE COURT TO ALLOW THIS APPLICATION AND DIRECT THE OFFICIAL LIQUIDATOR TO CONSIDER THE APPLICANT’S REQUEST TO PURCHASE THE HOUSE PROPERTY NO.F-20 SITUATED AT ACETATE TOWN, MANDYA & ETC.
THESE COMPANY APPLICATIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this company application, the applicant has
sought for the following reliefs:
“Counsel for applicant has filed above Application under Rule 9 of the Companies (Court) Rules, 1959, praying that his Hon’ble Court to allow this application and direct the Official Liquidator to consider the applicant’s request to purchase the house property No.F-20 situated at Acetate town, Mandya & etc”
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documents sought, to be produced by the applicant are received on record.
for a direction to the Official Liquidator to consider the applicant’s request to direct the execute registered Sale Deed in relation of official quarters in the house property bearing No.F-20 situated in Acetate town, Mandya. In the application, the applicant specifically contends that he was working in the Company in-liquidation and in view of the orders passed in favour of the identically and similarly situated employees in Company Application No.17/2007, dated 31.01.2008 as well as in Company Application No.268/2010 dated 23.04.2010 passed by this Court, the applicant is also entitled to obtain registered sale deed in his favour in respect of the aforesaid property from the Official Liquidator.
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5. Memo and documents produced by the
applicant are placed on record.
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9. The Respondent/Official Liquidator is
directed to take necessary steps to execute the registered sale deed in respect of the afore said property No.F-20 situated in Acetate town, Mandya in favour of the application subject to verification of the claim and documents of the applicant in accordance with law as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of copy of this order.
Sd/JUDGE
GVP
3 issues framed by the court
Whether the applicant is entitled to purchase the official quarters property from the Official Liquidator as a similarly situated former employee.
Whether the Official Liquidator ought to execute a registered sale deed in favour of the applicant within a stipulated time.
Whether the requirements of a sale deed necessitating execution based on a verified claim is satisfied.
Sri.C.Jayaramu
The Mysore Acetate And Chemicals Co. Ltd.
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
