AI Structured Summary
Not yet generated for this judgment
Judgment
B. Manohar
These company applications are filed u/s 463 of the Indian Companies Act, 1956 read with Rules 6 and 9 of the Companies (Court) Rules, 1959 seeking a direction to the Official Liquidator to honour the order dated 16.7.2004 passed by this Court in CA Nos. 112/2002, 967/2002 and connected matters in letter and spirit by executing the sale deed in favour of the applicants. The applicants are claimed to be the allottees, wife of the allottees, legal representatives of the allottees, who are the employees of the respondent -Company, They have contended that before liquidation of the company, they have been allotted the quarters. They are residing therein and have fifed these applications seeking for execution of the sale deeds as per the order passed by this Court earlier.
It is admitted by both the learned Advocates for the parties that the facts of these cases are similar to the facts in C.A. No. 12/02, CA No. 967/02 and connected matters (disposed of on 16th July 2004). In view of the same, theses applications are also disposed of in terms of the order dated 16th July 2004 mentioned about. However, in these matters, an enquiry has to be held by the Official Liquidator to verify as to whether the applicants are really the occupants of the quarters of respondent - company viz., M/s. Mandya National Paper Mills Limited, Belagula and as to whether the allotters were the employees of the said mills or not. For she said purpose, the applicants will have to produce necessary records before the Official Liquidator.
Accordingly, the following order is made:-
Company applications are disposed of in terms of the order dated 16.7.2004 passed by this Court in C.A. No. 12/02, CA.No. 967/02 and connected matters. It is made clear that the applicants herein shall produce all necessary documents to show that they were the employees of M/s. Mandya National Paper Milk Limited and that they were occupying respective quarters. The Official Liquidator shall hold an enquiry in that regard. If the Official Liquidator finds that the applicants were the employees and are in possession of the respective quarters, the sale deeds shall be executed to favour of the applicants after collecting the sale consideration of Rs. 12,500/- from each of the applicants. The enquiry shall be concluded within a period of six months from the date of receipt of the copy of this order.
Accordingly, these Company applications are disposed of.