Maxworth Orchands (India) Ltd. v. The Official Liquidator,
Comp.A.Nos.115, 116 and 117 of 2019 in C.P.No.57 of 1998 M.SUNDAR, J.
'Maxworth Orchards (India) Limited' ('Maxworth' for brevity) is the company under liquidation.
2. Mr.H.Karthik Seshadri, learned counsel representing the administrator for Maxworth is before this Court on behalf of the applicant in all these three applications. Learned Deputy Official Liquidator Mr.Bavisetty Sridhar representing 'Official Liquidator attached to this Court' ('OL' for brevity) is before this Court on behalf of the respondent.
3. The prayers in these three applications read as follows: 'Prayer in Comp.A.No.115 of 2019:
'....To direct the Official Liquidator to issue authorisation letter to Mr.N.Ramesh/Administrator Office concerned Sub-Registrar office and Revenue Authorities.....' Prayer in Comp.A.No.116 of 2019:
'......To direct the Official Liquidator to issue letters to concerned Sub-Registrar's Office Authorising Mr.N.Ramesh to collect records in the state of Uttar Pradesh, Uttaranchal and Madhya Pradesh for 22 projects.....' Prayer in Comp.A.No.117 of 2019:
'........To direct the Official Liquidator to release up to Rs.10 lacs to Mr.N.Ramesh/Administrator's office for the expenses to be incurred to visit the site of 22 projects
concerned Sub Registrar offices, Police Stations, Thasildhar Offices, Collector offices in the state of Uttar Pradesh, Uttaranchal and Madhya Pradesh.......'
4. Learned counsel for administrator for Maxworth draws the attention of this Court to paragraph 6 of the administrator's report, which reads as follows:
'6. The Applicant Company launched 200 projects and the land situate in 7 States like Tamil Nadu, Andhra Pradesh, Telangana, Maharashtra, Madhya Pradesh, Uttar Pradesh and Uttaranchal. The applicant company acquired about 2643 acres of land in Northern Region in 22 projects and registered about 624 acres of land to its customers in these projects and the balance land belongs to the Company and Unregistered customers. The list of projects is as under: NO VILLAGE IN ACRES (APPR OX) Lalpur Lalpur Laksar Haridwar 124.00 Kalsiya Dhanauri Asafnagar Haridwar Haridwar 35.00 Padli Padli Grant Behat Saharanpur 85.00 Dostpur Hashimpur Purbaspur Ahtmal Dalluwala Dalluwala Roorkee Haridwar 90.00
Majbata Behat Rampur Behat Saharanpur 122.00 Kashipur Abdullapur Satpur Kaluwala Behat Saharanpur 365.00 Jahanpur (North & South) Shahjahanpur Kaluwala Behat Saharanpur 70.00 Jahanpur Pooth Pooth Garh Ghazibad 180.00 Mukteshwar Sahanpur Sahanpur Najibabad Bijnor 80.00 Basawanpur Basawanpur Faridpur Barielly 55.00 Kakrala Tatarpur Budaun Budaun 150.00 Sohana Sohana Mohammdi LakhimpurKhiri 75.00 Gajraula Sinhali Hasanpur Moradabad 90.00 Jagir Kothri Kothri Behat Saharanpur 80.00 Sauhat Sauhat Hasanpur Moradabad 105.00 Mangar Mangar Faridabad Faridabad 40.00
Gauria Gauria Mohanlalganj Lucknow 70.00 Satrikh Tikraghat Satrikh Barabanki 80.00 Narainpur Bhojpur Budaun Budaun 180.00 Narainpur Sohankheda Sohankheda Ichawar Sehore (M.P.) 275.00 Semrakalan Semrakalan Berasia Bhopal 160.00 Peepalkheda Peepalkheda Berasia Bhopal 132.00 Total 2643.0
5. Adverting to the same, learned counsel submits that it would be in the interest of the creditors qua Maxworth to have these documents collated, so that post collation and other preliminary formalities, the properties can be brought to sale.
6. Learned Deputy OL submits that the administrator having been appointed by this Court for Maxworth, the authorization from the OL may not be necessary.
7. Responding to this, learned counsel for administrator for Maxworth, submitted that technically it may not be necessary but
considering the field situation and field realities, to avoid any administrative impediments in this regard and to ensure that the process of realization of creditors is carried to its logical end smoothly, such authorisation from OL is being sought for, as a matter of abundant caution.
8. Therefore, making it clear that the authorisation to be given by the OL is only as a matter of abundant caution, thought it is not imperative in the light of administrator being appointed by this Court for Maxworth, this prayer is being acceded to.
9. All these three applications are ordered as prayed for, subject of course to the fund position of the office of OL.
10. Post collation and necessary work, it is open to the administrator to take out necessary application/s for bringing the properties to sale, so that the monies are realized. These observations are made in the interest of creditors.
11. In the light of the narrative supra, prayers in all these three applications are acceded to or in other words, these three applications are ordered as prayed for.
26.04.2019 vsm/mp M.SUNDAR, J.
vsm/mp Comp.A.Nos.115, 116 and 117 of 2019 in C.P.No.57 of 1998 26.04.2019