Saraswati Sewa Kunj Educational Trust v. M/S Triveni Infrastructure Development Co Ltd (Through Official Liquidator)

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.APP. 17/2024 SARASWATI SEWA KUNJ EDUCATIONAL TRUST .....Appellant Through:

Mr. Pankaj Garg, Advocate with Mr. Milind Garg, Mr.

Yaksh Garg and Ms. Saumya Jain, Advocates.

versus M/S TRIVENI INFRASTRUCTURE DEVELOPMENT CO LTD (THROUGH OFFICIAL LIQUIDATOR) .....Respondent Through:

Ms. Ruchi Sindhwani, SSC with Ms.

Megha Bharara, Advocate for OL.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 05.07.2024 CM APPL. 36947/2024 (Ex.) Allowed, subject to all just exceptions.

Application stands disposed of.

CO.APP. 17/2024 & CM APPL. 36946/2024 (Stay) 1.

This appeal is directed against the order dated 29 May 2024 passed by the learned Company Judge. The learned Judge has chosen to issue notice on an application for review which was made. 2.

The grievance of the appellant is with respect to an e-auction which has been ordered by the learned Company Judge and which comprises a parcel of land which, according to the appellant, is held by it on the basis of a lease.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:51:21

3.

We note that the learned Judge in paragraph 4 of the order impugned before us has noted that the appellant had on no prior occasion pressed CO.APPL. 840/2013 and CO.APPL. 841/2023. The said applications thus remained pending on the board of the learned Company Judge without any effective arguments being addressed thereon. There has thus been a manifest failure on the part of the appellant to have pressed those applications seeking exclusion of the subject parcel of land which undisputedly forms part of the liquidation assets.

4.

In any case and since those applications have been posted for 18 July 2024, we find no ground or justification to place the e-auction in abeyance.

5.

Consequently, while we leave all contentions of the appellant open to be addressed before the learned Company Judge, the appeal shall stand dismissed.

YASHWANT VARMA, J.

RAVINDER DUDEJA, J.

JULY 5, 2024/vp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:51:21