High CourtsSingle Bench(2010) 12 P&H CK 0581

Hari Om Enterprises vs Chhattar Industries Company Limited (in liquidation) and Another

Punjab And Haryana At Chandigarh · Decided on 24 December 2010

HON’BLE JUDGES
Hemant Gupta, J
RESULT
Allowed
CASE NUMBER
C.A. No''s. 783-784 of 2010 in C.P. No. 83 of 2003

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Judgment

10 paragraphs · 330 words

Hemant Gupta, J.

C.A. No. 783 of 2010

1.

Exemption application is allowed as prayed for.

C.A. No. 784 of 2010

Notice.

2.

M/s Sanjiv Ghai and Rajesh Hooda, Advocates, accept notice on behalf of Respondent Nos. 1 and 2 respectively.

3.

The applicant has sought a direction to the Official Liquidator for execution of the sale deed in respect of land measuring 9.53 acres of the Company (in liquidation) i.e. M/s Chhattar Industries Company Limited. It is pointed out that the Haryana Financial Corporation was granted permission by this Court to sell the property of the Company (in liquidation) in association with the Official Liquidator. In the advertisement, the description of the property was land measuring 10.38 acres alongwith building with covered area of 100 sq. feets located in Village Chirao, Karnal-Kaithal Road, District Karnal. The applicant was found to be highest bidder and the same was confirmed in the sum of Rs. 7.80 crores. The Official Liquidator was to execute the sale deed on payment of the entire sale consideration.

4.

In pursuance of the said order, the applicant deposited the entire sale consideration, but on verification of the revenue record, it was found that the Company was owner of land measuring 9.53 acres and not of 10.38 acres. It is the case of the applicant that the applicant is ready and willing to get the sale deed executed in its favour in respect of land measuring 9.53 acres without any compensation or change in the terms of sale.

5.

Mr. Ghai, learned Counsel appearing on behalf of the Official Liquidator has no objection for execution of the sale deed in respect of land measuring 9.53 acres i.e. that the land of the Company (in liquidation).

6.

In view of the said fact, the instant application is allowed. The Official Liquidator is permitted to execute the sale deed in respect of land measuring 9.53 acres expeditiously on submission of original stamp papers and compliance of the other formalities.