Mrs.Priya Kannan v. The Official Liquidator, High Court, Madras

in C.P.No.130 of 1999 C.SARAVANAN, J.

This Company Application has been filed under Order XIV Rule 8 of the Original Side Rules read with Rules 9, 11(b) of the Company Court Rules, 1959, praying for issuance of a Certified Copy of the Sale Deed dated 01.12.1995 registered as Document No.3104/1995 on the file of the Sub Registrar Office, Walajabad, Kanchipuram District.

2. Both sides are present.

3. This Company Application is not maintainable as the Company has been ordered to be liquidated and the documents are said to have been lost in a fire accident. Earlier also, several orders have been passed by this Court under similar circumstances, however, liberty has been given to the applicants herein to approach the second respondent herein to issue a certified copy of the Sale Deed dated 01.12.1995.

4. The learned Official Liquidator has filed a report dated 15.02.2024 1/3

recording the liquidation proceedings. Paragraph 6 of the Report of the Official Liquidator reads as under:- "6. That the Official Liquidator respectfully submits that in view of the circumstances mentioned herein above, as the concerned Sub-Registrar is arrayed as a party in the proceedings as Respondent No.2, after hearing the Sub-Registrar necessary orders may be passed in respect of issue of the certified copy of the sale deed dated 01.12.1995 registered as Document No.3104/1995 on the file of Sub-Registrar Office, Walajabad to redress the grievance of the applicant."

5. Therefore, this Company Application is disposed of with a direction to the Sub-Registrar, Walajabad, Kanchipuram District to issue a Certified Copy of the Sale Deed dated 01.12.1995 to the applicants in accordance with the relevant provisions of the Registration Act, 1908 and the Rules made therein for issuance of Certified Copy of the Sale Deed dated 01.12.1995. 16.02.2024 arb Note: Issue Order Copy on 21.02.2024.

C.SARAVANAN, J.

arb 2/3

in C.P.No.130 of 1999 16.02.2024 3/3