Allowed

A.Karuppaiyah v. The Official Liquidator, High Court, Madras

Madras HC22 Mar 2024COMP.A/76/2024

Case brief

AI extract

What is this about?

An investor in Anubhav Green Rich Village layout sought an alternative plot or refund after his plot was sold to a third party in liquidation. Following the court's earlier order of 16.08.2019 granting alternative plots in similar cases, the Official Liquidator was directed to execute a sale deed for Plot No.209.

What did the court decide?

Official Liquidator directed to execute sale deed in favour of applicant for Plot No.209, S.No.162/3, Podavur Village, Sriperambudur Taluk, Kanchipuram District.

A.Karuppaiyah Vs The Official Liquidator, High… — Insolvency and Bankruptcy | Madras HC (2024)

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Comp.A.No.76 of 2024 in C.P.No.13 of 2000

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Comp.A.No.76 of 2024 in C.P.No.13 of 2000

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C.SARAVANAN, J.

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This application has been filed for the following relief:

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“To direct the 1^st respondent to allot an alternative plot measuring to an extent of 13.77 cents in the layout formed as Anubhav Green Rich Village, in Podavur Village, Sriperambudur Taluk, Kanchipuram District and consequently direct the 3^rd respondent to register the same in my name, or in alternative direct the 1^st respondent to pay the sale consideration of sum of Rs.26,47,920/- paid by the 2^nd respondent as successful auction purchaser for purchasing my plot No.88, in Anubhav Green Rich Village, in my favour.”

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The applicant had invested in the layout promoted by the company under liquidation. The company under liquidation and its group companies were ordered to be wound up. C.P.No.130 of 1999 to wind up Anubhav Plantation Limited, the flagship company was allowed on 02.11.1999. The C.P.No.13 of 2000 was allowed on 21.06.2000. Connected Company petitions filed to wind up group companies and firms were allowed in C.P.No.148-401 and Tr.C.S.No.463 of 2001 on 05.12.2006. These Companies/firms were promoted by the same

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promoter Mr.C.Natesan.

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https://www.mhc.tn.gov.in/judis

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Comp.A.No.76 of 2024 in C.P.No.13 of 2000

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The applicant claims to have invested with the company under liquidation to purchase 13.77 cents of land in Plot.No.88 in S.No.175/12, Podavur Village, Sriperambudur Taluk, Kanchipuram District. It was however later sold to the second respondent herein pursuant to the liquidation proceedings initiated by the Administrator appointed by this Court.

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Under similar circumstances, this Court by its order dated 16.08.2019 in C.A.Nos.1231 to 1233 of 2014, 832, 833 of 2015, 100 and 569 of 2018 has ordered allotment of alternative plots to investors like the applicant who had invested in the company under liquidation.

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The office of Official Liquidator has filed a detailed report dated 21.03.2024 enclosing the copy of the status Report dated 18.05.2023 along with Annexure-A to the aforesaid report. It is informed by the Official Liquidator's office that after order was passed by this Court on 16.08.2014 in C.A.Nos.1231 to 1233 of 2014, 832, 833 of 2015, 100 and 569 of 2018, 26 plots out of 32 plots still remain unsold.

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https://www.mhc.tn.gov.in/judis

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Comp.A.No.76 of 2024 in C.P.No.13 of 2000

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Considering the Status Report dated 18.05.2023 along with

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Annexure -A, which indicates the plots were allotted pursuant to order dated 16.08.2019, to applicants in C.A.Nos.1231 to 1233 of 2014, 832, 833 of 2015, 100 and 569 of 2018, different yard stick cannot be followed in this Case. Therefore, this Court is inclined to direct the Official Liquidator to execute a sale deed in favour of the applicant in respect of Plot No.209, Survey No.162/3 in Podavur Village, Sriperambudur Taluk, Kanchipuram District.

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Accordingly, this Application stands allowed.

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22.03.2024

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https://www.mhc.tn.gov.in/judis

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Comp.A.No.76 of 2024 in C.P.No.13 of 2000

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C.SARAVANAN, J.

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Comp.A.No.76 of 2024 in C.P.No.13 of 2000

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22.03.2024

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https://www.mhc.tn.gov.in/judis

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A.Karuppaiyah v. The Official Liquidator, High Court, Madras

Case brief

What is this about?

What did the court decide?

A.Karuppaiyah v. The Official Liquidator, High Court, Madras

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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