K. Devaraj v. The Official Liquidator
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN O.S.A.No.242 of 2016
1. K.Devaraj
2. K.Palanisamy
3. K.Duraisamy
4. K.Rukmani
5. Mayilathal .. Appellants Vs
1. The Official Liquidator High Court, Madras as the Liquidator of M/s.SIV Industries Limited (in liquidation)
2. M.Palanisamy .. Respondents PRAYER: Appeal under Order XXXVI Rule II of the Original Side Rules read with Clause 15 of the Letters Patent against the judgment and decree dated 6.10.2016 passed in C.A.No.1081 of 2014 in C.P.No.17 of 2004.
For Appellants : Mr.Bharath Chakaravarthy for M/s.Sai, Bharath and Ilan
JUDGMENT
(Delivered by the Hon'ble Chief Justice) After some arguments, the learned counsel for the appellants does not press the appeal but seeks a clarification as to the effect of the lease executed by the Official Liquidator and the observations in the impugned order qua possession of the second respondent.
2. Insofar as the first aspect is concerned, it is quite clear that those lands were not transferred in pursuance of the https://hcservices.ecourts.gov.in/hcservices/
auction sale, as there were found to be some impediments arising from the title not being perfected in favour of the company in liquidation. That being the position, if the appellants seek to set forth a counter title, we see no reason why the grant of lease should come in the way of the appellants establishing their case.
3. Similarly, on the issue of possession, the findings in the impugned order are arising from the payment of lease money by the second respondent to the Official Liquidator and the absence of title documents with the appellants. It is for the appellants to lead evidence in the suit to establish their claim. The appeal is dismissed as withdrawn in the terms aforesaid. Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar To:
1. The Official Liquidator High Court, Madras as the Liquidator of M/s.SIV Industries Limited (in liquidation) Copy to:
The Sub Assistant Registrar, Original side, High Court, Madras.
+1 cc to M/s.Sai Bharath & Ilan,advocate,sr.70447. ss(co) krd 8/12 O.S.A.No.242 of 2016 https://hcservices.ecourts.gov.in/hcservices/