Kgisl Infrastructures Pvt Ltd v. The Official Liquidator
ABDUL QUDDHOSE, J.
M/s.KGISL Infrastructures Private Limited, Rep. by its Executive Director, No.365, KGISL Campus, Thudiyalur Road, Saravanampatti, Coimbatore - 641 035. .. Applicant/Auction Purchaser Vs.
1.The Official Liquidator, High Court, Madras as the Liquidator of M/s.Vijayakumar Mills Limited (In Liquidation), Corporate Bhavan 2nd Floor, No.29, Rajaji Salai, Chennai - 600 001.
2.The Assistant Commissioner, Commercial Tax Department, Palani-II, CT Buildings, Old Dharapuram Road, Kothaimangalam, Palani, Dindigul District - 624 601 ...
Respondents This application has been filed to direct the Official Liquidator to issue sale certificate to the applicant in respect of Lot-B properties along with original parent title deeds enabling the applicant to record the entry in
Book-1 registration before the concerned Sub-Registrar's Office and to facilitate mutation of revenue records.
2. The applicant is the successful bidder of Lot-B properties. This Court, in its earlier order dated 04.09.2023, had directed the Official Liquidator to handover physical possession of the properties in respect of Lot-B to the applicant and also handover custody of the original title deeds/documents to the applicant.
3. The applicant has come forward with this application since no date has been fixed for the issuance of sale certificate and for handing over of the original title deeds/documents pertaining to Lot-B properties.
4. The learned Deputy Official Liquidator would submit that the sale certificate would be issued to the applicant in respect of Lot-B properties on 27.09.2023 and the original title deeds/documents pertaining to Lot-B properties will also be handed over to the applicant on the very same day. The said undertaking given by the learned Deputy Official Liquidator is recorded.
5. The learned counsel for the applicant would state that a communication has been given by the applicant to the learned Deputy Official Liquidator requesting her to communicate the issuance of sale certificate in favour of the applicant for Lot-B properties to the concerned Sub-Registrar's Office, to record the entry of transaction as per the provisions of Section 89(4) of the Registration Act.
6. In view of the undertaking given by the learned Deputy Official Liquidator, to execute the sale certificate in favour of the applicant for LotB properties and also to handover the custody of the original title deeds/documents pertaining to Lot-B properties to the applicant on 27.09.2023, this Court issues the following directions:- a) The learned Deputy Official Liquidator is directed to issue sale certificate in respect of Lot-B properties in favour of the applicant on 27.09.2023 and on the very same day, shall handover custody of the original title deeds/documents pertaining to Lot-B properties to the applicant.
ABDUL QUDDHOSE, J.
Sni b) The learned Deputy Official Liquidator is also directed to consider the representation of the applicant, who has requested the Official Liquidator to submit a report to the concerned Sub-Registrar for mutation of revenue records in favour of the applicant pertaining to Lot-B properties as per the provisions of Section 89(4) of the Registration Act, on merits and in accordance with law.
7. In terms of the aforesaid directions, this Company Application is disposed of.
25.09.2023 Sni