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Madras High CourtCOMP.A/85/2025disposed of

P.Kasali, v. The Official Liquidator,

2026-04-17Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY in C.P. No. 55 of 2001 P.Kasali, S/o.Peer Mohideen, Residing at No.23/4,Munusamy street, Saligramam,Chennai-600093.

..Applicant Vs The Official Liquidator, High Court Madras as the Liquidator of M/s.Pure Tech Engineering Limited (in liquidation) Corporate Bhavan,2nd Floor, No.29,Rajaji Salai, Chennai-600 001.

..Respondent Application filed under Order XIV Rule 8 of O.S. Rules and Order 9 Rule 1(b) of Company Court Rules praying to direct the Official Liquidator, High Court, Madras as the liquidator of M/s.Pure Tech Engineering Limited (in liquidation) to execute necessary sale deed/sale certificate in favour of the applicant or his nominees in respect of the land to an extent of 112 cents, comprised in Survey No.239/1C (presently 239/1C1) situated at Edyyarpakkam Village, Sriperumbudur Taluk, Kancheepuram District belonging to the company in liquidation, purchased by the applicant in the court auction conducted on 20.04.2007 for the sale consideration of Rs.19,00,000/-.

For Applicant:

Mr.J.Nithyanandan For Respondent:

Ms.Ambili B Deputy Official Liquidator

ORDER

The auction purchaser from M/s.Pure Tech Engineering Limited in course of liquidation has applied for execution of the sale deed/sale certificate in respect of 112 cents in Survey No.239/1C (currently 239/1C1) situated at Edyyarpakkam Village, Sriperumbudur Taluk, Kancheepuram District.

2. The property described above was purchased by the applicant in a Court auction sale in course of liquidation. Both appellant and the Official Liquidator confirmed that the entire sale consideration of Rs.19 lakhs was paid by the applicant. The Official Liquidator points out that the company was dissolved by order dated 24.07.2013 and that the Official Liquidator was discharged as the liquidator of M/s.Pure Tech Engineering Limited with effect from said date. As a consequence of being discharged as the liquidator, the Official Liquidator submits that the sale deed or sale certificate cannot be executed in favour of the applicant in the capacity of liquidator of M/s.Pure Tech Engineering Limited.

3. It is common ground between the applicant and the Official Liquidator that the entire sale consideration was remitted by the applicant in terms of the auction sale confirmed by this Court. From the materials on record, it appears that the applicant was not diligent in ensuring that the requisite sale deed/sale certificate was directed to be executed in his favour. Prior thereto, the liquidation process culminated in the dissolution of the entity. Under the Companies Act, 1956, the Official Liquidator is entrusted with the assets and affairs of specific companies upon such companies being placed under provisional liquidation or wound up. Such role ends upon dissolution of the company concerned. But the office of Official Liquidator continues to function in aid of and under the supervision of the Companies Court.

4. In the peculiar facts and circumstances outlined above, it is in the interest of justice that an auction purchaser, who remitted the entire sale consideration pursuant to an auction sale conducted by this Court, is not left remediless. At the same time, said individual did not act with due diligence in requesting for a sale certificate/sale deed in time. There are multiple companies in liquidation without funds standing to the credit of such companies. In order to strike an appropriate balance in the facts and circumstances, the applicant shall remit a sum of Rs.3 lakhs to the Official Liquidator for being credited into the Common Pool Fund. Such payment shall be made within four weeks. Subject to receipt thereof, the Official

Liquidator is directed to execute a sale deed in favour of the applicant or his nominees in the capacity of Official Liquidator, Madras High Court. This exercise shall be carried out within four weeks from the date of receipt of payment and a draft sale deed in this regard, whichever is later.

5. This company application is disposed of on the above terms. 17.04.2026 mmi To The Official Liquidator, High Court Madras as the Liquidator of M/s.Pure Tech Engineering Limited (in liquidation) Corporate Bhavan,2nd Floor, No.29,Rajaji Salai, Chennai-600 001.

SENTHILKUMAR RAMAMOORTHY, J.

mmi in C.P. No. 55 of 2001 17.04.2026