← Library
Madras High CourtCOMP.A/56/2020closed

Mr..Jeyaraj, Thimmapuram, Kariyapatti Taluk, Virudhunagar District v. The Official Liquidtor, High Court, Madras

2020-07-31Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 31.07.2020

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR C.A.No.56 of 2020 in Jeyaraj .. Petitioner Vs.

1. The Official Liquidator High Court, Madras As the Provisional Liquidator of M/s.Maxworth Orchards (India) Limited 2.Shri K.Alagiriswami Senior Advocate Administrator of Maxworth Orchards (India) Limited In Provisional Liquidation No.1A, Akbarabad First Street Kodambakkam, Chennai - 600 024 .. Respondents This Company Application filed under Order XIV and Rule 8 of the Original Side Rules read with Section Rule 9 & 11 (B) of Company Court Rules to accept the applicants offer of Rs.42,24,058/- for the extent of 56.05 acres of land situated at Thimmapuram Village, Kariyapatti Taluk, Virudhunagar District, Tamil Nadu comprised in survey numbers more fully described in the schedule of the judges' summons belonging to Maxworth Orchards (India) Limited, the company in provisional liquidation. 1/4

For Petitioner : Mr.K.K.Mahesh Raja For Respondents : Mr.Bavishetty Sridhar Deputy Official Liquidator ***

ORDER

Instant application has been taken out by a third party. 2.'Maxworth Orchards (India) Limited' is the company under liquidation in the main Company Petition.

3.Instant application has been filed by a third party with a prayer to permit him to purchase about '56.05 acres of land situate in Thimmapuram Village, Kariyapatti Taluk, Virudhunagar District, Tamil Nadu' (hereinafter 'said land' for brevity), at, what according to learned counsel for applicant, is guideline value.

4.Learned Official Liquidator attached to this Court represented by Deputy Official Liquidator Mr.Bavishetty Sridhar, who is before me in this web-hearing on a video-conferencing platform, submits that an Administrator has also been appointed for said Company and the sale of assets of company (which now vests with the Official Liquidator/Administrator) are being done in a phased manner. Learned Deputy Official Liquidator also submits that 2/4

property, which is subject matter of instant application is likely to be brought/put up for public auction within 1 1⁄2 months from today, subject of course to the prevailing pandemic and consequent lock down, which can be described as 'Covid-19 situation'.

5. In the light of the narrative thus far, this Court is of the view that applicant should participate in the public auction, if he is interested in buying said land.

6. Therefore, observing that it is open to the applicant to participate in the public auction, this application is closed. There shall be no order as to costs.

31.07.2020 Speaking/Non-Speaking Order Index: Yes/No gpa 3/4

M.SUNDAR, J gpa 31.07.2020 4/4