← Library
Madras High CourtCOMP.A/288/2024ordered

Royal Palms India Pvt Ltd, Rep.By Its Director v. The Official Liquidator

2024-08-30Honourable Mr Justice K.Kumaresh Babu3 pages

Comp.A.Nos.288 &289 of 2024 in C.P.No.255 of 2014 K.KUMARESH BABU.J., The Application in Comp.A.No.288 of 2024 has been filed seeking for the following reliefs:- a) this application be not treated as urgent? b) the second respondent should not be directed to statutorily record the satisfaction of the charge created vide deed of Hypothecation dated 01.03.2009, entered into between the applicant and M/s.First Leasing Company of India Limited. 2.The Application in Comp.A.No.289 of 2024 has been filed seeking for the following reliefs:- (a) This application be not treated as urgent? (b) The first respondent should not be directed to issue a No Dues Certificate in respect of the Hire Purchase Agreement dated 31.03.2008 secured by the charge created vide Deed of Hypothecation dated 01.03.2009?

(c) To pass such other order/s

2. Heard Ms.B.Ambili, learned Deputy Official Liquidator.

3. When the matter was taken up for hearing, a Report had been filed by the Deputy Official Liquidator, wherein it had been indicated that the applicant herein had foreclosed the Hire Purchase Refinance Agreement, dated 31.03.2008 and in fact, the company in liquidation had also refunded the excess amount paid by the applicant as early as in the year 2010 and therefore, the learned Official Liquidator would submit that there are no dues from the applicant and hence, she would also submit that there would be no impediment in granting the No Dues Certificate.

4. Recording the said report and also her statements, the Official Liquidator is directed to issue No Dues Certificate, within a period of two weeks from the date of receipt of a copy of this order. Accordingly, the Comp.A.No.289 of 2024 is ordered as prayed for. 5.In view of the directions issued by this Court to the first respondent to grant 'No Dues Certificate', in Comp.A.No.289 of 2024, the Application in Comp.A.No.288 of 2024 is also ordered as prayed for. 30.08.2024 Index :Yes/No Speaking Order/ Non-Speaking Order Pbn

K.KUMARESH BABU, J.

Pbn Comp.A.Nos.288 &289 of 2024 in C.P.No.255 of 2014 30.08.2024