A.P.Rajendran v. The Official Liquidator, High Court, Madras

in C.P.No.329 of 1997 C.SARAVANAN, J.

This application has been filed to direct the first respondent to rectify the name of the Village as "Punnapatti Village" in the place of "Kattuvelampatti Village" wherever it occurs in the Sale Deed which registered as Doc.No.3130 of 2012 SRO within the Sub Registration Office of "Natham Taluk" within the Registration of "Dindigul District".

2. The applicants have purchased the property of the Company under liquidation, which was ordered to be wound up vide Order dated 18.09.2002 in C.P.No.329 of 1997 and C.P.No.124 of 2002.

3. The Company was ultimately ordered to be dissolved vide Order dated 06.12.2013. During the course of wind up proceedings, the assets of the Company under Liquidation were ordered to be auctioned by this Court vide Order dated 18.03.2011.

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4. The Company Application that was filed by the Official Liquidator in C.A.No.1858 of 2006 had given the description of the property as "Kattuvelampatti" purchased by the applicants.

5. The learned counsel for the applicant would submit that the name of the Village is actually "Punnapatti". However, name of village in the description of the property was wrongly shown as "Kattuvelampatti" and the mistake has continued all through. It is submitted that the Office of the Official Liquidator can be directed to issue a letter to the Sub Registrar's Office, Natham Taluk, Dindigul District giving particulars of the properties to substitute name of the Village as "Punnapatti" instead of "Kattuvelampatti". Hence, this Company Application has been filed.

6. The learned Deputy Official Liquidator would submit that the Company has been dissolved by Order dated 06.12.2013 and therefore, the Office of the Official Liquidator is no longer concerned with the property. 2/4

7. It is further submitted that independently the applicant can approach the Sub Registrar's Office, Natham Taluk, Dindigul District and get the entries in Encumbrance Certificate altered.

8. Considering the fact that the Official Liquidator is no longer concern with the property of the Company as the Company itself has been ordered to be wound up and dissolved, there cannot be a direction to the Official Liquidator to issue a letter to the Sub Registrar, Natham Taluk, Dindigul District.

9. At the same time, there can be no impediment to direct the Sub Registrar, Natham Taluk, Dindigul District to make suitable changes to reflect the name of the Village as "Punnapatti" instead of "Kattuvelampatti" in the Sale Deed subject to the applicants producing suitable Certificate from the revenue authority confirming the property in possession of the petitioner is the property in "Punnapatti" Village.

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C.SARAVANAN, J.

arb

10. Hence, this Company Application stands disposed of. 01.12.2023 arb in C.P.No.329 of 1997 4/4