Gujarat High Court
Ol Of Essen Computers Ltd (In ... vs Mirror Image Pvt Ltd on 28 August, 2018
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/OLR/69/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/OFFICIAL LIQUDATOR REPORT NO. 69 of 2018
In
OFFICIAL LIQUDATOR REPORT NO. 51 of 2018
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OL OF ESSEN COMPUTERS LTD (IN LIQUIDATION)
Versus
MIRROR IMAGE PVT LTD
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Appearance:
MR JEET J BHATT(6154) for the PETITIONER(s) No. 1
MR B S SOPARKAR(6851) for the RESPONDENT(s) No. 3
MR MB GOHIL(2702) for the RESPONDENT(s) No. 2
MS PJ DAVAWALA(240) for the RESPONDENT(s) No. 3
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 1
TIRTH NAYAK(8563) for the RESPONDENT(s) No. 4
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 28/08/2018
ORAL ORDER
Draft amendment dated 17.08.2018 is granted, which is taken on record. Amendment to be carried out forthwith.
2. Heard Mr.Jeet J. Bhatt, learned counsel for the applicant - Official Liquidator, Mr.M.B.Gohil, learned counsel for respondent No.2, Mr. Monaal Davawala, for Mr.B.S.Soparkar, learned counsel for respondent No.3 and Mr. Tirth Nayak, learned counsel for respondent No.4. Though served, no one appears for respondent No.1. Mr.Sudhir Mehta, learned counsel appearing for one of the intending bidders namely Ajwa Fun World & Resort Ltd.
3. By way of this report, the Official Liquidator has prayed for the following reliefs:-
"a. This Hon'ble Court may be pleased to take the facts on the record of this Hon'ble Court, as stated herein above.Page 1 of 3 C/OLR/69/2018 ORDER
b. This Hon'ble Court may be pleased to confirm the sale of Lot No.I in favour of highest bidder as per the terms and conditions of sale.
c. This Hon'ble Court may be pleased to permit the Official Liquidator to pay professional bill of Rs.7080/- (6000 + @ 18 % GST) of e-auction service provider agency namely M/s. E-Procurement Technologies Ltd.
d. This Hon'ble Court may be pleased to permit the Official Liquidator to pay advertisement bill of Rs.3,34,800/- to M/s. Global Network Advertising, the Advertising Agency towards "Gujarat Samachar"
Gujarat daily and in "Times of India" English daily on 18.05.2018 from the common pool fund of various companies in liquidation as maintained by office of Official Liquidator subject to adjustment against the sale consideration to be received from sale of assets and properties by the Official Liquidator."
4. From the record of the report, it appears that this Court vide order dated 11.05.2018 directed the Official Liquidator to publish an advertisement in the newspapers namely "Gujarat Samachar" Gujarati daily, in all Gujarat editions and "Times of India", English daily, in all Gujarat editions for inviting offers for sale of the assets and properties of the Company (in liquidation) from the intending purchasers by fixing Upset Price for Lot No.I at Rs.12,50,00,000/- & for Lot No.II at Rs.11,61,50,000/- and 10 % EMD thereof at Rs.1,25,00,000/- and Rs.1,16,15,000/- and also fixing the sale schedule by the Court.
5. Pursuant to the said order dated 11.05.2018, advertisement was published on 18.05.2018 in newspapers namely "Gujarat Samachar", Gujarati daily and "Times of India", English daily, both in all Gujarat editions and three tenders have been sold and two offers have received from M/s. Mirror Image Pvt. Ltd., situated at 7/A, Amrutbaug Colony, Opp. Hindu Colony, Stadium Road, Ahmedabad and Mr. Madhvesh Bhikhabhai Patel, 3- Malay Page 2 of 3 C/OLR/69/2018 ORDER Villa, Nr. Water Tank, Opp. Solver Crust Society, Sola, Ahmedabad for Lot No.I i.e. 10,118 sq.mtrs. (appro.) leasehold land alongwith Building structure/Civil Construction, plant & machineries and other movables (except records) situated at Plot No.A/7, GIDC Electronics Estate, Gandhinagar were received. However, no offer was received for Lot No.II i.e. 10,002 sq.mtrs. Leasehold Land alongwith Building structure/Civil Construction, plant and machineries and other movables (except records) situated at Plot No.A/10, GIDC Electronics Estate, Gandhinagar, upto the closing date i.e. 07.06.2018 from intending buyers, as fixed by this Court. Status of report of said auction furnished by M/s. E-Procurement Technologies Ltd., E-auction Agency on 18.06.2018 in a sealed cover alongwith bill of Rs.7080/-.
6. Considering the aforesaid, present report is allowed as prayed for and schedule Programme for sale of the assets and properties of the Company (in liquidation) shall be as under:-
Sr. Particulars Dates
No.
1 Date of Advertisement 09th October, 2018
2 Date of issue of Tender Forms 12th October, 2018
3 Date of inspection of property 17th October, 2018
between 11:30 am to
4:30 pm.
4 Last date of receipt of offer in 31st October, 2018
the office of Official upto 4:00 pm
Liquidator
5 Opening of offer and 23rd November, 2018
auction/inter-se bidding in the at 11:00 onwards Hon'ble High Court of Gujarat, Sola Road, Ahmedabad.
(R.M.CHHAYA, J.) SUCHIT Page 3 of 3