V. Sateesh, v. M/S. Vagh Magna Retail (P) Ltd., (In Liqn)

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM COMPANY APPLICATION No.81 OF 2016 AND COMPANY APPLICATION No.97 OF 2016 IN COMPANY PETITION No. 168 OF 2009.

DATED 10TH FEBRUARY, 2016 BETWEEN K.Anjaneyulu ...Applicant in CA.No. 81 of 2016 V.Sateesh .....Applicant in CA.No.97 of 2016 And M/S. Vah Magna Retail Private Limited (Under liquidation) Rep. by its Official Liquidator.

...Respondent in both CAs

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM COMPANY APPLICATION No.81 OF 2016 AND COMPANY APPLICATION No.97 OF 2016 IN COMPANY PETITION No. 168 OF 2009.

COMMON ORDER:

These two Company Applications are filed seeking a

direction to the Official Liquidator to remove the seals and hand over the possession of the properties to the respective applicants.

The respondent-Company is under liquidation.

In the application filed in support of Company Application No. 81 of 2016, it is stated that the applicant is the purchaser of pent house situated at H.No.1-1/2, Maruthinagar, Kothapet, Hyderabad and pursuant to the liquidation proceedings, the Official Liquidator has taken over all the books, records etc., from the said house and put in auction and thereafter he locked the said pent house and kept in his control. It is further stated that since all the properties were auctioned and the auction purchasers have taken away the auctioned goods, he seeks a direction to the Official Liquidator to remove the seal and hand over the possession of the said pent house.

In the affidavit filed in support of Company Application No.97 of 2016, it is stated that the applicant took the godown situated at Sy.No.394, Torrur village, Hayathnagar Mandal, Ranga Reddy District on monthly rental basis and pursuant to the liquidation proceedings, the Official Liquidator auctioned the material placed in the said godown and locked the premises and kept under his control. He further stated that since the godown was locked, the applicant is unable to pay the rent and he therefore prayed to remove the seals and handover the possession of the said godown.

The learned Counsel for the Official Liquidator submits that the Official Liquidator has no objection to remove the seals

and handover the possession of the aforesaid properties to the respective applicants.

Inasmuch as nothing survives by keeping the aforesaid properties under lock and key, the Official Liquidator is directed to remove the seals and hand over the possession of the aforesaid properties to the respective applicants. The Company Applications are allowed.

------------------------------------------------- JUSTICE CHALLA KODANDA RAM DATED 10TH February, 2016.

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