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Madras High CourtOSA/24/2016dismissed as infructuous

M/S. Girish Traders v. The Official Liquidator

2016-03-09Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE M.M.SUNDRESH O.S.A.Nos.24 and 25 of 2016 M/s.Girish Traders, rep. by its Sole Proprietor T.Muruganantham, No.27, Nethaji Road, Ganesh Nagar, Guindy, Chennai-600 032 rep. by its authorised signatory K.Urumaiya .. Appellant in both appeals vs The Official Liquidator, High Court, Madras As the Liquidator of M/s.The Silical Metallurgic Limited (In Liquidation) .. Respondent in both appeals Appeals filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the common order made in Application Nos.1077 & 1078 of 2014 in Company Petition No.141 of 1999, dated 03.09.2015.

For Appellant .. Mr.Satish Parasaran in both for M/s.T.M.Naidu & Co.

For Respondent .. Mr.S.R.Sundar in both COMMON JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice) On hearing the learned counsel for parties, it is suggested by the learned counsel for the appellant that he has instruction to withdraw the original applications itself from which the appeals arose.

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2. The aforesaid being the position, the present appeals have become infructuous and the impugned common order stands set aside as the consequence of the applications itself being withdrawn.

3. The result of the aforesaid is that the sale certificate will be issued for Rs.9.00 Crores which would include the land, building and plant & machinery and it is for the appellant to get an appropriate sale deed registered in accordance with law from the Sub Registrar Office. Endorsement has been made.

4. In view of the aforesaid, appropriate sale certificate without bifurcation be issued by the Official Liquidator's office for the total sale value including the land, building and plant & machinery for Rs.9.00 Crores within two weeks from today.

5. The appeals are thus disposed of as infructuous, as the applications in which the impugned common order was passed itself stands withdrawn. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar bbr To The Sub Assistant Registrar, Original Side, High Court, Madras.

Copy to The Official Liquidator, High Court, Madras As the Liquidator of M/s.The Silical Metallurgic Limited (In Liquidation) 1 cc to M/s.T.M. Naidu & Co, SR. 14980 2 ccs to Mr.S.R. Sundar, Advocate, Sr. 15269, 15270 O.S.A.Nos.24 & 25 of 2016 TEJ (CO) kk 23/3 https://hcservices.ecourts.gov.in/hcservices/