The Court disposed of a company application regarding a mango crop auction. The applicant explained lower proceeds due to crop failure, and the Court accepted the realization and allowed the harvest.
The application was allowed after accepting the realized amount of Rs.47,000/- from one Sri Md.Haneef permitting the harvest of existing crop.
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.
THE HON’BLE SRI JUSTICE S.V. BHATT
COMPANY APPLICATION No.709 OF 2016
IN
C.P. No.71 OF 2014
ORDER:
On 29.04.2015, this Court authorized the Official Liquidator as follows:
“The harvesting season of mango crop since commences immediately, this Court is of the view that the Official Liquidator is directed to undertake Tom Tom of the proposed auction on or before 07.05.2016, authorize one of the staff members to go and conduct auction at the subject mango garden and file report by the next date of hearing.”
In terms thereof, it is stated auction was conducted on 06.05.2016 and the Official Liquidator could fetch Rs.47,000/- for sale of Mango crop for the Mango season-2016. As the Court on vacation, the Official Liquidator exercising discretion and keeping in mind that some amount or other is to be realized, has accepted Rs.47,000/- from one Sri Md.Haneef and permitted him to harvest the existing crop.
I have perused the affidavit and also the accompanying annexures. Mr.Anil Kumar specifically contends that the reason for fetching lesser amount than the amount fetched in the last year is due to crop failure and the crop failure is evidenced by photographs taken at Mango garden. The Application is ordered.
S.V.BHATT, J
Date:07.06.2016 Stp
Mr. Anil Kumar
S.V. Bhatt
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
