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Madras High CourtCOMP.A/115/2025allowed

The Tata Power Company Ltd, v. The Official Liquidator,

2025-07-04Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Comp.A.Nos.115, 49, 6 of 2025 & 904 to 907 of 2015 in C.P.No.57 of 1998 The Tata Power Company Ltd, Rep.by Mr.Saibval Mitra, Authothirsed signatory Corporate Center, A, 34, Sant Tukaram Road, Carnac Bunder, Mumbai 400 009 ... Applicant in Comp.A.Nos.115, 6 of 2025 Amol Dashrath Jadhav, S/o.Dashrath Jadhav, House No.24,AT-JITE, Vitthal Madir,Neral, Raigad,Maharashtra-410101.

... Applicant in Comp.A.Nos.49 of 2025 The Official Liquidator as Provisional Liquidator of Maxworth Orchards India Limited, No.29, UTI Building, Corporate Bhavan, 2nd Floor, Rajaji Salai, Chennai 600 001. and another ... Applicants in Comp.A.Nos.904 to 907 of 2015 -vsThe Official Liquidator, High Court, Madras As the Provisional Liquidator of M/s. Maxworth Orchards (India) Ltd., and another ... Respondents in Comp.A.Nos.115, 6, 49 of 2025 1/5

Ravindranath Bolanath Acharya Rep.by Ashok Ravindranath Achaarya, 337. Kamshet, Kapilratna, 2nd Floor, Kadal Road, Dadar, Mumbai 400 028. and 3 Others ... Respondents in Comp.A.Nos.904 to 907 of 2015 For Applicant : Mr.V.P.Raman in C.A.Nos.115, 6 of 2015 Mr.Rohan Rajasekaran in C.A.49 of 2025 For Respondents : Ms.B.Ambili, Deputy Official Liquidator Mr.H.Karthik Seshadri Assisted by Ms.Nagasaila Suresh, Administrator in C.A.Nos.115, 6, 49 of 2025 For Applicant : Ms.B.Ambili, Deputy Official Liquidator Mr.H.Karthik Seshadri Assisted by Ms.Nagasaila Suresh, Administrator in C.A.Nos.904 to 907 of 2015 **********

ORDER

The Tata Power Company Limited has applied for a direction to the Official Liquidator to sell the peripheral extent of 32.05 acres of land in Survey No.86, as morefully described in the schedule and sketch annexed to the Judge's summons, to the applicant by way of a private sale.

2. By earlier order dated 28.03.2025, the offer made by the applicant to purchase 9.86 acres was accepted at the rate of Rs.11,84,500/- per 2/5

hectare. Such acceptance was subject to the condition that the applicant purchases the peripheral land mentioned by the Official Liquidator in report dated 14.03.2025.

3. Learned counsel for the applicant refers to the sketch appended to the Judge's summons and points out that the lands marked in red and white checks constitute the 9.86 acres, which was previously acquired by the applicant. He further submits that the peripheral lands have been shown in blue lines of two different shades, and that such peripheral extent aggregates to 32.05 acres, excluding the extent of 9.86 acres. As committed earlier, he states that the applicant is ready and willing to purchase this extent for the price of Rs.11,84,500/- per hectare.

4. Both the Administrator and Official Liquidator have no objection to the request of the applicant.

5. Since the earlier sale was subject to the condition that the applicant acquires the peripheral lands at the same price, the request to purchase the peripheral land of 32.05 acres at the above mentioned price of Rs.11,84,500/- per hectare is liable to be accepted. Accordingly, the applicant is directed to remit the total sale consideration towards the above 3/5

mentioned extent within two weeks from the date of receipt of a copy of this order. The offer is accepted on the basis of the standard terms and conditions of the sale of Maxworth properties, including the disclaimer that warranty is not provided either with respect to patent or latent defects.

6. List the matter on 11.07.2025.

04.07.2025 rna 4/5

SENTHILKUMAR RAMAMOORTHY,J rna Comp.A.Nos.115, 49, 6 of 2025 & 904 to 907 of 2015 in C.P.No.57 of 1998 04.07.2025 5/5