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Judgment
Balraj Joshi, Member (Technical)
The Court convened by video conference .
The Ld. Counsel appearing for the applicants submits that this is an application for correction in Schedule of Assets annexed to the Certified copy of the order arising due to change of Survey Numbers assigned by the Revenue Department of Tamil Nadu by allotting new Survey Numbers of some plots of land which the Demerged Company/Applicant No. 1 and Resulting Company No. 2/Applicant No.3 were not aware of prior to the filing of Schedule of Assets annexed to the Certified Copy of the Order.
The Ld. Counsel appearing for the applicants filed a Supplementary Affidavit affirmed on 26 March,2022 wherein the Applicants have annexed the Sale Deed in respect of the Survey Nos that have been changed due to the order of the Government of Tamil Nadu for Transfer of Patta and the English translation thereof for the Transfer of Patta.
The Ld. Counsel submitted that in the Supplementary affidavit due to typographical mistake in the Schedule of Assets the Survey No has gone as 865/15 whereas it should be 865/14 (middle portion) and the Survey No has gone as 847/1 whereas it should be 847/1 (part).
Heard the Ld. Counsel for the applicants perused the documents annexed to the Misc. App and the Affidavit filed by the Applicants.
The correction sought by the Applicants in the Schedule of Assets arising due to typographical error where the Survey Nos has been mentioned Survey No 865/15 and Survey No 847/1 is allowed and the same to be read as Survey No 865/14 (middleportion) and Survey No 847/1 (part).
The M.A. was heard and reserved for orders, on perusal of the record, it was observed that at page 54 of the M.A. the new survey number was 865/15 whereas page 68 stated the new Survey No. as 865/15B. Due to such mismatch in the survey number, clarification was sought on 31 March 2022.
A Corelation Certificate dated 17 August 2021 has been filed wherein the new survey number for 865/1A1A1 has been stated as 865/15B. Hence, we are taking the same into consideration.
The correction sought by the Applicants in the Schedule of Assets arising due to change of Survey Numbersassigned by the Revenue Department of Tamil Nadu in respect of the following Survey Nos is allowed:
Survey No. as mentioned
in the Schedule of Assets
Survey Nos to be read as
Area
Survey No. 865 /1A – Part
New Survey No. 865/1A2
0.6432 Acre
Survey No. 865/1A1A1 –
Part
New Survey No. 865/15B
0.17 Acre
Survey No. 865/2B – Part
New Survey No. 865/2B2
0.64 Acre
Survey No. 861/5 – Part
New Survey No. 861/B
0.31 Acre
Survey No. 865/14 – Part
New Survey No. 865/14B
0.22 Acre
Survey No. 865/5 – Part
New Survey No. 865/5B
0.85 Acre
Survey No. 847/1 – Part
New Survey No. 847/1B
1.17 Acre
The applicants are directed to portion relating to the change from the date of this order Companies, West Bengal submit revised schedule of Assets for of Survey Numbers within thirty days to the Registry and the Registrar of
The Misc.App.No. 5/KB/2022 is disposed of.
The Registry is directed to send e-mail copies of the order forthwith to all the parties for information and for taking necessary steps.
Certified copy of this order may be issued, if applied for, upon compliance of all requisite formalities.
File be consigned to the record.