Official Liquidator Of Patheja Brothers Forgings And Stamping Ltd. (In Liquidation) v. Devi Construction Co.Pvt. Ltd. (Petitioner)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by VASANT ANANDRAO IDHOL Date:
2026.02.10 10:56:16 +0530 VASANT ANANDRAO IDHOL OFFICIAL LIQUIDATOR REPORT NO.26 OF 2025 IN COMPANY PETITION NO.95 OF 1999 In the matter of Companies Act, I, 1956 And In the matter of Patheja Brother Forging & Stamping Ltd.( (n Liqn.) Devi Constructions Co. Pvt. Ltd., Pune
...Petitioner
Mr.Anirudh Hariani for the Official Liquidator. Mr.Satyajit Roul, Official Liquidator and Mr.Chetan Shelke, Dy.Official Liquidator are present.
CORAM : ARIF S. DOCTOR , J.
DATE : 6TH FEBRUARY, 2026.
P.C. :- 1.
The present Official Liquidator Report seeks the following reliefs :- a).
In view of para (10) of this report, whether this Hon'ble Court may be pleased to permit the Official Liquidator to make one more attempt to 1/4
sell the subject immovable property of the company (In Liqn.) situated at plot No.5 - bearing survey No.410/03 and new survey No.1370 situated at Village Indrad, Taluka Kadi, District Mehsana located opposite G.R. Metalloys Pvt. Ltd. near Hitachi Home Appliances, Gujarat - 382 715, through e-auction by M/s.Railtel Corporation of India Limited and permit the Official Liquidator to place further report before this Hon'ble Court for confirmation of the highest bidders in eauction, subject to confirmation by this Hon'ble Court. b).
If prayer (a) is affirmative and in view of the para (11) of this report, whether this Hon'ble Court may be pleased to permit the Official Liquidator to publish a sale notice in newspapers for sale of immovable property of Company (In Liqn.) bearing plot No.5 - bearing survey No.410/03 and new survey No.1370 situated at Village Indrad, Taluka Kadi, District Mehsana located opposite G.R. Metalloys Pvt. Ltd. near Hitachi Home Appliances, Gujarat - 382 715, as required under Rule 272 and 273 of the Companies (Court) Rules, 1959 in 'Free Press Journal (In English) and 'Navshakti' (In Marathi) both published/circulated from Mumbai and "Gujarat Samachar" (In Gujarati) published/circulated from Mehsana, Gujarat and the Official Liquidator may be permitted to pay the 2/4
advertisement charges from the amount lying in the credit of the Company (In Liqn), subject to deduction of TDS at the prevailing rate.
c) In view of the para (13) of this report whether this Hon'ble Court may be pleased to allow the Official Liquidator to sale the immovable asset of Company (In Liqn) being freehold open land at plot No 5-bearing survey No. 410/03 and new survey No.1370 situated at Village Indrad, Taluka Kadi, District Mehsana located opposite G.R.Metalloys Pvt.Ltd, near Hitachi Home Appliances, Gujarat-382 715, through eauction by M/s. Railtel Corporation Of India Limited and permit the Official Liquidator to upload sale notice and terms and conditions of sale on the website of M/s. Railtel Corporation Of India Limited and MCA to place further report before this Hon'ble Court for confirmation of the highest bidder in e-auction, or any other direction this Court may deem fit and proper. d).
In view of the para (14) of this report whether this Hon'ble Court may be pleased to approve draft "Sale Notice" draft "Terms and Conditions of Sale"
And e).
For such other and further directions as this Hon/ble Court may deem fit and proper.
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2.
Mr.Hariani pointed out that this Court by an order dated 12th January, 2024 (Manish Pitale, J.) allowed Official Liquidator Report No.164 of 2023, by which this Court has directed the sale of the property after fixing reserve price at Rs.15,50,000/- and EMD at Rs.1,50,000/-. He submits that though attempts were made to sell the said property, the same did not fructify which resulted in forfeiture of the EMD. Heard learned counsel and perused the Official Liquidator Report. In my view, the same would have to be allowed in terms of prayer clauses (a) to (d).
3.
The Official Liquidator Report is disposed of. (ARIF S. DOCTOR, J.) 4/4