Official Liquidator shall ensure that irreversible can not be created regarding the amount paid by the purchaser

Last updated: 06 December 2011

Court :
HIGH COURT OF GUJRAT

Brief :
Heard Mr. Manish Bhatt, learned senior counsel, appearing with Mrs. Mauna Bhatt, learned advocate for the applicant, Ms. Yajnik, learned advocate for the respondent No.1-OL and Mr. Rutvij Bhatt, learned advocate for the respondent No.2. 2. From the submissions made by Mr. Bhatt, learned senior counsel, it appears that the applicant is the successful bidder and purchaser of the property in question, which has been sold to the applicant in auction purchase. The sale has been confirmed by order dated 18.7.2011 of this Court. It also appears that after having paid 25% amount towards sale consideration as per the sale confirmation order and conditions of the sale, when the applicant started taking steps for developing the lands, it came to its notice that there are discrepancies with regard to the land sold to the applicant, inasmuch as, according to the advertisement inviting bids, tender document and sale confirmation order, the applicant was conveyed land admeasuring 13759 sq. mts. of Survey No.295 in village Undera, GIDC. However, it has now come to the notice of the applicant that a part of the said land was not of the ownership of the company in liquidation and in all probability, was not in the hands of the OL also. Therefore, the applicant has approached the Court with present application seeking clarification from the OL with regard to the disputed portion of the land of which the applicant is not able to get possession and/or relevant documents. Since the land was under the control of notified authority / GIDC, the applicant has prayed for necessary clarification from the GIDC as well, who would be better placed to clarify the details regarding title and ownership or possession of the land in question at the relevant time and at present.

Citation :
INDIAN OIL PEOPLES COOPERATIVE GROUP HOUSING LTD - Applicant(s)Versus OFFICIAL LIQUIDATOR IN CHARGE OF AHMEDABAD MANUFACTURING AND & 1 - Respondent(s)