Mr.Chandravi Saran Das v. The Official Liquidator, High Court, Madras

in C.P.No.13 of 2000 C.SARAVANAN, J.

This application has been filed by the applicants, claims to be the joint owners of a farmland measuring a total extent of 13.77 cents, measuring an extent of 3.61 cents in Survey No.169/3A, measuring an extent of 6.39 cents in Survey No.169/2 and measuring an extent of 3.77 cents in Survey No.169/7 forming part of Schedule A of Original Sale Deed dated 28.09.1994 registered as Doc.No.5775/1994 viz., Agriculture Dry Land in Sriperumpudur Taluk, Chengalpet District.

2. The property was purchased by the applicants from the Company under liquidation which was ordered to be wound up by an order dated 21.06.2000 pursuant to an earlier order passed in C.P.No.190 of 1999 in respect of the group Company namely M/s.Anubhav Plantation Limited.

3. In this application, the applicants have sought for a direction from the Court to direct the respondent to furnish a copy of the Original Sale Deed dated 28.09.1994 Registered as Doc.No.5775/1994. 1/4

4. In response, the Office of the Official Liquidator has now filed a report dated 30.11.2023. In Paragraphs 4 and 5, it has been stated as follows:- "4. That the Official Liquidator submits that the present application filed by Shri.Chandravir Saran Das and Smt.Suvira Das had prayed before this Hon'ble Court and filed their Company Application No.615/2023 to furnish Original Sale Deed dated 28.09.1994 registered as Document No.5775/1994 before the Sub-Registrar, Sriperumbudur, so as enable the Applicants to register future transactions.

5. That the Official Liquidator submits that while the properties of the company (In Liquidation) were vested with the Administrator, it was reported by the Administrator before this Hon'ble Court that most of the books and records pertaining to the company in liquidation were burnt due to fire accident in the 4th Floor of the Registered office premises of the company in liquidation and only the available books and records were retrieved and taken into custody by him.

Position being so, the Official Liquidator submits that the Original Sale Deed dated 28.09.1994 registered as Document No.5775/1994 before the Sub-Registrar, Sriperumbudur might have been destroyed in the fire accident which was happened prior to appointment of Official Liquidator."

5. In view of the above averments in the report, this prayer for a direction to the Official Liquidator to furnish the Originals of the Sale Deed dated 28.09.1994 Registered as Doc.No.5775/1994 in respect of the property purchased by the applicants cannot be ordered. Therefore, it is open for the applicants to apply for certified copy from the Sub Registrar's 2/4

Office, Sriperumpudur Taluk, Chengalpet District.

6. This Company Application stands disposed of with the above observations.

01.12.2023 arb C.SARAVANAN, J.

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arb in C.P.No.13 of 2000 01.12.2023 4/4