P.Elango v. The Official Liquidator

Comp.A.No.407 of 2018 in C.P.No.243 of 1997 KRISHNAN RAMASAMY, J., This Application has been filed seeking to stay all further proceedings in R.E.P.No.1 of 2001 proposing to hold auction on 19.04.2018 or any other subsequent date pending on the file of the Subordinate Court, Sankari.

2.Learned counsel appearing for the applicant would submit that since the property brought for sale is under the custody of the Official Liquidator, the parties sought only to transfer the R.E.P.No.1 of 2001 to the file of this Court so as to have a comprehensive adjudication and the prayer sought for was granted by this Court on 14.02.2020 and no further order is required in this application as the Company against which the claim made is under liquidation and the same may be closed, by granting leave to the applicant to file necessary claim before the Official Liquidator.

3.Learned Official Liquidator acceded the submission made by the learned counsel appearing for the applicant. 4.Learned counsel appearing for the 2nd respondent seeks leave of this Court to file appropriate claim before the Official Liquidator since the Company is under liquidation.

5.Recording the submissions made by the learned counsel appearing for the applicant and the learned Official Liquidator that no further order is required in the present application, this application is closed. The 2nd respondent is permitted to make the claim based on the decree passed by the Principal Civil Judge, (sr.Divn), Raichur, Karnataka, before the Official Liquidator within a period of three weeks from the date of receipt of a copy of this order. 06.01.2023 rst

KRISHNAN RAMASAMY, J., rst Comp.A.No.407 of 2018 in C.P.No.243 of 1997 06.01.2023