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Madras High CourtCOMP.A/149/2022disposed of

The Official Liquidator, High Court, Madras, v. Nil

2025-08-01Honourable Mr Justice Senthilkumar Ramamoorthy10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Comp.A.Nos.149, 209 to 211 of 2022 & 714 to 717 of 2011 in C.P.No.57 of 1998 The Official Liquidator High Court, Madras As provisional Liquidator of Maxworth Orchards (India) Limited, High Court, Corporate Bhavan, 2nd Floor, No.29, Rajaji Salai, Chennai-600 001 (In Provisional Liquidation) .. Applicant Comp.A.Nos.209 to 211 of 2022 SEI Kathiravan Power Private Ltd., Rep by its authorized signatory Mr. T.Swaminathan 10th Floor, Menon Eternity Old No.110, New No.165, St. Marys Road, Alwarpet, Chennai-600 018 Tamil Nadu - India ... Applicant -vs1/10

1. The Official Liquidator High Court, Madras As provisional Liquidator of Maxworth Orchards (India) Limited, High Court, Corporate Bhavan, 2nd Floor, No.29, Rajaji Salai, Chennai-600 001 (In Provisional Liquidation) 2.Ms. D. Nagasaila Administrator of Maxworth Orchards (India) Limited, (In Provisional Liquidation) Old No.38/1, New No.14/1, Akbarabad 2nd Street, Kodambakkam, Chennai 600 024.

... Respondents Comp.A.Nos.714 to 717 of 2011

1. Maxworth Orchards (India) Limited No.1A, Akbarabad First Street Kodambakkam, Chennai-600 024 Represented by its Administrator Shri K.Alagiriswami 2.The Official Liquidator, High Court of Madras As a Provisional Liquidator of M/s.Maxworth Orchards (India) Limited (in Provisional Liquidation) Chennai.

-vs1.J.Kamaludeen 2.J.Sait Mohamed

3. J.Mohamed Beevi

4. J.Jamal Mohamed

5. Abdul Rahman (Alias) Raja Pillai

6. Shahul Hameed 2/10

7. Jaithun Beevi

8. MJ.S.Jamal Mohamed Meera

9. Sikkanthar Beebi (Alias) Amma John 10.K.Jinnah

11. K.Akbar 12.A.Mohabobbee 13.Ameethabi Fathima 14.M.J.Jamal Jabarullah 15.Thamim Ansari 16.Sikkanthar Thulkarunai 17.M.Abdul Khader 18.M.A.Jamal Mohaideen 19.Mimtaj 20.J.Sikkanthar 21.K.Jamal Mohamed 22.S.Abdul Rahman 23.Y.N.Jamal Mohamed Yunoo 24.P.R.Jamal Mohamed yasin 25.Najreen 26.Ansiya (Alias) Rinsiya Fathima 27.Alima 28.J.M.H.Hasan 30.J.M.H.Hazaranbee 31.Saleema 32.J.M.H.Imran 33.N.Parvathi 34.N.Murugan 35.N.Sundararajan 36.N.Dakshinamurthy 37.G.Bagyalakshmi 38.V.Meenakshi 39.N.Nagarathinam 40.N.Deivaanai 41.D.Deivamani 42.R.Sankar 43.A.Venkatesan 3/10

44.The Sub Registrar, Office of the Sub Registrar Veerachozhan, Tiruchulli Taluk, Virudhunagar District.

45.The Tahsilthar, Office of the Tasilthar, Thiruchili Taluk, Virudhunagar District.

46.The Sub Inspector of Police, Narikudi Police Station, Thiruchuli Taluk Virudhunagar District 47.The Superintendent of Police, Office of the Superintendent of Police, Thiruchuli Taluk, Virudhunagar District.

...

Respondents Prayer in Comp.A.No.714 of 2011: Judge's summons filed under Order XIV Rule 8 O.S.Rules R/W Sec.446(2), 450, 456 & 457 Company's Act & Sec 9, 11 (b) & 19 of the Company Court Rule praying to set aside the Sale Deeds bearing Nos.695/2007 dated 30.05.2007, 955/2007 dated 18/07/02007, 956/2007 dated 18/07/2007 , 957/2007 dated 18/07/2007, 975/2007 dated 20/07/2007, 977/2007 dated 20/07/2007, 978/2007 dated 20/07/2007, 989/2007 dated 23/07/2007, 1088/2010 dated 26/07/2010, 1140/2010 dated 04/082010, 365/2008 dated 15/04/2008, 366/2008 dated 15/04/2008, 367/2008 dated 15/04/2008, 368/2008 dated 15/04/2008, 370/2008 dated 15/04/2008, 371/2008 dated 15/04/2008, 378/2008 dated 15/04/2008, 376/2008 dated 15/04/2008, 377/2008 dated 15/04/2008, 381/2008 dated 15/04/2008, 382/2008 dated 15/04/2008 in the office of the 44th Respondent as null and void and consequently declare that the conveyance of the properties under the said Sale Deeds do not convey any right, title or interest in the schedule property (Schedule Nos.2 to 22) in 4/10

favor of the Respondents 1 to 43 and consequently grant an Order of Permanent Injunction restraining the Respondents Nos.1 to 43, their men, agent or servants or any one claiming through them from in any way interfering with the lawful possession of the Applicant Company over the Scheduled Property (Schedule No.1);

Prayer in Comp.A.No.715 of 2011: Judge's summons filed under Order XIV Rule 8 O.S.Rules R/W Sec.446(2), 450, 456 & 457 Company's Act & Sec 9, 11 (b) & 19 of the Company Court Rule praying to grant an Interim Order of Injunction restraining the Respondent Nos.1 to 43, their men, agent or servants or any one claiming through them from any way alienating by way of Sale, Mortgage, lease or otherwise the property covered under Schedule 1 and consequently granting an Injunction restraining the 44th Respondent from registering any further Sale, Mortgage or lease on the Property covered under Schedule 1 and direct the Respondent Nos.465 not to issue any Patta in the Survey Nos. covered in the Schedule Property 1; Prayer in Comp.A.No.716 of 2011: Judge's summons filed under Order XIV Rule 8 O.S.Rules R/W Sec.

446(2), 450, 456 & 457 Company's Act & Sec 9, 11 (b) & 19 of the Company Court Rule praying to grant an Interim Order of Injunction restraining the Respondent Nos.1 to 43, their men, agent or servants or any one claiming through them from any way interfering with Applicant Company's lawful possession of Scheduled property covered under Schedule 1 of the Applicant Company.

Prayer in Comp.A.No.717 of 2011: Judge's summons filed under Order XIV Rule 8 O.S.Rules R/W Sec.446(2), 450, 456 & 457 Company's Act & Sec 9, 11 (b) & 19 of the Company Court Rule praying to direct the Respondent Nos.46 an 47 to give protection to the Care Taker and to the landed property acquired by the Applicant Company and receive any complaint lodged by the Care Taker, file FIR and take suitable action against the culprits.

a) to take this report on record; b) to consider the submissions made in para Nos.2 to 5 of this report and to fix the upset price for Max-Thiruculli-II Project at Rs.1,03,71,064/- which is 100% over and above the guideline 5/10

value upon hearing the sale applications for remaining 29 projects and to conduct auction sale of the same; c) to consider the submissions made in para no.6 and to approve the draft common Sale Notice, Terms and conditions and Tender Form as per "Annexure-II, III & IV"; d) to permit the Official Liquidator to publish the common the common Sale Notice for the said 30 projects in the following News Papers: 1. The Times of India, Southern Edition and 2.

Dinamani, Tamil Nadu Edition; e) to permit the Official Liquidator to issue project wise Tender Form to the intending purchasers; f) to permit the Official Liquidator to meet all the expenses in connection with the sale, including publication charges from and out of the funds of the Company in provisional liquidation and g) to permit the Official Liquidator to issue Sale Certificate in favour of the Successful bidder or his / her nominee(s) on receipt of the entire sale consideration. Prayer in Comp.A.No.209 of 2022: Judge's summons filed under Order XIV Rule 8 of O.S.Rules r/w Rule 9, 11(b) of the Companies (Court) Rules, 1959 praying to set aside the Auction Sale Notice dated 05.05.2022 issued by the 1st Respondent in so far as it relates to land admeasuring 186.175 acres comprised in S.No.

1,2,3/2,4, 5, 6, 7/2, 8, 9, 10/1, 10/2, 11, 12/1, 12/2, 13/2, 14/2, 14/4, 15/1, 15/2, 15/3, 16/1, 17/2, 17/4, 18, 19, 20, 21/1, 21/2, 22/3, 23, 24/1, 24/2, 25, 26, 27 and 28, situate in Koothanarkottai (also known as Koothamankottai) Village, Tiruchulli Taluk, Virudhunagar District belonging to the applicant, pending disposal of the application.. Prayer in Comp.A.No.210 of 2022: Judge's summons filed under Order XIV Rule 8 of O.S.Rules r/w Rule 9, 11(b) of the Companies (Court) Rules, 1959 praying to grant an order of interim stay on the operation of the Impugned Auction Sale Notice dated 05.05.2022 issued by the 1st and all proceedings pursuant thereto, in so far as it relates to land admeasuring 186.175 acres comprised in S.No.

1,2,3/2,4, 5, 6, 7/2, 8, 9, 10/1, 10/2, 11, 12/1, 12/2, 13/2, 14/2, 14/4, 15/1, 15/2, 15/3, 16/1, 17/2, 17/4, 18, 19, 20, 21/1, 21/2, 22/3, 23, 24/1, 24/2, 25, 26, 27 and 28, situate in Koothanarkottai (also known as Koothamankottai) Village, Tiruchulli Taluk, Virudhunagar District belonging to the applicant, pending disposal of the application. Prayer in Comp.A.No.

XIV Rule 8 of O.S.Rules r/w Rule 9, 11(b) of the Companies (Court) Rules, 1959 praying to grant an order of interim injunction restraining the 1st respondent, its men, agents and any person claiming any right, title or interest pursuant to the Impugned Auction Sale Notice dated 05.05.2022 issued by the 1st Respondent from interfering with the applicant's possession and enjoyment of the land admeasuring 186.175 acres comprised in S.No.1,2,3/2, 4, 5, 6, 7/2, 8, 9, 10/1, 10/2, 11, 12/1, 12/2, 13/2, 14/2, 14/4, 15/1, 15/2, 15/3, 16/1, 17/2, 17/4, 18, 19, 20, 21/1, 21/2, 22/3, 23, 24/1, 24/2, 25, 26, 27 and 28, situate in Koothanarkottai (also known as Koothamankottai) Village, Tiruchulli Taluk, Virudhunagar District belonging to the applicant, pending disposal of the application. Prayer in Comp.A.No.

714 of 20211 Judge's summons filed under Order XIV Rule 8 of O.S.Rules r/w Rule 9, 11(b) of the Companies (Court) Rules, 1959 praying to grant an order of interim injunction restraining the 1st respondent, its men, agents and any person claiming any right, title or interest pursuant to the Impugned Auction Sale Notice dated 05.05.2022 issued by the 1st Respondent from interfering with the applicant's possession and enjoyment of the land admeasuring 186.175 acres comprised in S.No.1,2,3/2, 4, 5, 6, 7/2, 8, 9, 10/1, 10/2, 11, 12/1, 12/2, 13/2, 14/2, 14/4, 15/1, 15/2, 15/3, 16/1, 17/2, 17/4, 18, 19, 20, 21/1, 21/2, 22/3, 23, 24/1, 24/2, 25, 26, 27 and 28, situate in Koothanarkottai (also known as Koothamankottai) Village, Tiruchulli Taluk, Virudhunagar District belonging to the applicant, pending disposal of the application. In Comp.A.No.

149/2022 For Applicant : Mr.H.Karthik Seshadri Assisted by Ms.D.Nagasaila,Administrator In Comp.A.Nos.209 to 211/2022 For Applicant : Mr.Satish Parasaran, Senior Advocate for M/s.Rahul Balaji For Respondents in : Mr.H.Karthik Seshadri Asst. by Mrs.

Ms.Ambili B. Deputy Official Liquidator In Comp.A.Nos.714 to 717/2011 For Applicants : Mr.H.Karthik Seshadri Assisted by Ms.D.Nagasaila, Administrator Ms.Ambili, B, Deputy Official Liquidator For Respondents : Mr.T.Arunkumar, AGP for R44 to R47 No appearance for R1 to R43

ORDER

This order shall be read in continuation of and in conjunction with the earlier order dated 20.06.2025. In terms thereof and pursuant to the said order, the applicant in C.A.Nos.209 to 211 of 2022 has handed over Demand Draft No.643080 dated 21.07.2025 and drawn on State Bank of India in favour of the Official Liquidator for a sum of Rs.4,25,00,000/-.

2. Learned senior counsel for the said applicant submits that the title of the applicant may be recognized in view of the above payment instead of executing a sale certificate in favour of the applicant. For reasons set out in earlier order dated 20.06.2025, by recording the receipt of a sum of Rs.4,25,00,000/- as consideration by the company in liquidation towards the 8/10

land, the title of the applicant is recognized in respect of the land admeasuring 186.175 acres and comprised in the survey numbers mentioned in the Judge's summons at Koothanarkottai Village, Tiruchulli Taluk, Virudhunagar District. In view thereof, it has become unnecessary to proceed with the auction sale of the above mentioned property pursuant to auction sale notice dated 05.05.2022 or take any other measures in respect thereof.

3. C.A.Nos.149 & 209 to 211 of 2022 & 714 to 717 of 2011 are disposed of on the above terms without any order as to costs. 01.08.2025 kal (1⁄2) 9/10

SENTHILKUMAR RAMAMOORTHY J.

kal Comp.A.Nos.149, 209 to 211 of 2022 & 714 to 717 of 2011 in C.P.No.57 of 1998 01.08.2025 10/10