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Madras High CourtCOMP.A/255/2025allowed

The Official Liquidator, v. Shri.S.Sivakumar,

2025-09-26Honourable Mr.Justice N.Senthilkumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR IN CP NO. 54 OF 2015

1. The Official Liquidator, High Court of Madras, As Provisional Liquidator of M/s. Achievers Agri India (P) Ltd, (In Provisional Liquidation) No.29, Rajaji salai,Corporate Bhawan, nd Floor, Chennai-600 001.

Appellant(s) Vs

1. Shri.S.Sivakumar, Ex-Managing Director of Achievers Agri India (P) Ltd., (In Prov liqn) S/o.Kenchappa Sengaraj, Door No.65, Advaitha Ashram Road, Fairlands, Salem-636004.

Respondent(s) CP No. 54 of 2015

1. M/S.ACHIEVERS AGRI INDIA PRIVATE LIMITED Rep. by its Managing Director, S.Sivakumar

Registered Office Situated at Second Floor, Subam Towers, Meyaannur Main Road, Near five Roads Salem-636 004.

For Applicant(s) :

B.Ambili Deputy Official Liquidator For Respondent(s):

ORDER

The present Application is filed with regard to the report filed by M/s.ITCOT Limited for an extent of 13.20 acres, for which the sale deed executed on land admeasuring 7.37 Acres and land admeasuring 5.83 Acres.

2. According to the learned Official Liquidator, only an Agreement was executed and as per the Patta and A-Register, the entire subject Survey numbers of the petitioner are not in the name of M/s.Archievers Agro India Private Limited. For ready reference, Serial No.4 in paragraph 6 is extracted hereunder:- 13.20 Acres of Vacant Land at Kodiyalam & Panchakshapuram Village, Denkanikottai (LOT-D) Out of 13.20 Acres, sale deed was executed for the land area admeasuring 7.37 Acres. As regards the land admeasuring 5.83 Acre, only sale agreement was executed. Further, as per the Patta & A-Register, the entire subject Survey numbers are not in the name of the company. Letters issued to the ExDirectors to furnish the documents and reply awaited.

Valuation report received from ITCOT

3. The learned Official Liquidator claims that Mr.S.Sivakumar, who is the Managing Director of M/s.Archievers Agro India Private Limited, is conversant with the document mentioned in paragraph 9 of the report, which is extracted hereinbelow:- "9. Further, ITCOT reported that out of 13.20 Acres of land, sale deed was executed for the land area admeasuring 7.73 Acres, as regards the land admeasuring 5.83 Acres, only sale agreement was executed and as per the Patta and A-Register, all the subject survey numbers are not in the name of M/s.Achievers Agri India Pvt. Limited (in Prov. Liqn.,). The details of 5.83 Acres land is given below:

S.No.

Village Name Survey Nos.

Extent in Acres 1.

Kodiyalam 144/2 0.16 147//1A1 0.85 147/1A2 2.09 147/2 0.14 147/3 0.11 2.

Panchakshipuram 281/3A 0.12 287/4 1.38 285/4 0.98 Total Extent of Land in Acres 5.83

4. The Deputy Official Liquidator submits that the Ex-Managing Directors are required to furnish the documents in respect of the property which is mentioned in paragraph 9 of the report and claims permission. Therefore, in view of the same, the claim made by the Official Liquidator is allowed.

5. This Application is ordered in the above terms. 26-09-2025 kmi To 1.Shri.S.Sivakumar, Ex-Managing Director of Achievers Agri India (P) Ltd., (In Prov liqn) S/o.Kenchappa Sengaraj, Door No.65, Advaitha Ashram Road, Fairlands, Salem-636004.

N.SENTHILKUMAR J.

kmi IN CP NO. 54 OF 2015 26-09-2025