Prakash Sunderlal Kela And Another v. Nil

2024:BHC-NAG:9822 1 cal 11.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Company Application (CAL) No. 11 of 2023 in Official Liquidator Report No. 8 of 2021 in Company Petition No.

of 20 [In the matter of M/s Mahadeo Land Developers Pvt. Ltd. (in prov. liqn.)] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Akhilesh Potnis, Advocate instructed by Mr. A. M. Sudame, Advocate for the applicants Dr. Anjan De, Advocate for the Official Liquidator Ms. U. P. Parmar, Official Liquidator Mr. Pushkar Ghare, Advocate for Mr. Pramod Agrawal (present in person), Ex-Director of company - M/s. Mahadeo Land Developers Pvt. Ltd. Mr. A. M. Joshi, AGP for the State CORAM : ANIL L. PANSARE J .

DATED : 3 0-08 -202 On previous date, following order was passed. "15] The learned Counsel for the applicant submit that the plots under question have been purchased by them through registered sale-deed in February - 2011. Winding up order has been passed in April - 2014. He submits that the applicants were not even aware of filing of winding up petition, which was filed in the year 2010.

16] The Official Liquidator to file report as to why the plots under question should not be released in favour of the applicants."

2.

Thus, it appears to be yet another case where Ex-Director, after having been released on temporary bail in October, 2010, has entered into the sale transaction to discharge his liability. There is nothing on record to

2 cal 11.2023.odt indicate that the applicants/purchasers were aware of pendency of winding up of the company. The transaction appears to be genuine. I therefore, do not find any reason why to not release the properties in terms of Section 536(2) of the Companies Act, 1956. Order accordingly.

3.

All concerned, including the Official Liquidator, shall take note of the said fact and act accordingly. 4.

The application is disposed of.

(Anil L. Pansare, J.) wasnik