Gujarat High Court
Official Liquidator Of Maheshwari ... vs Union Bank Of India on 7 October, 2022
C/OLR/11/2022 ORDER DATED: 07/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/OFFICIAL LIQUIDATOR REPORT NO. 11 of 2022
In R/COMPANY APPLICATION NO. 348 of 2016
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OFFICIAL LIQUIDATOR OF MAHESHWARI MILLS CO. LTD. (IN LIQN)
Versus
UNION BANK OF INDIA
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Appearance:
MS PJ DAVAWALA(240) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 07/10/2022
ORAL ORDER
Heard learned advocate for the applicant.
2. The Official Liquidator has filed the present report with the following prayers:-
"(A) This Hon'ble Court may be pleased to ratify the action of the Official Liquidator for taking over possession of Huts / Chawls & Open Plot Situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad as well as three Plots Situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad in compliance of the order dated 26.10.2021 passed in COMA no. 348 of 2016 & other allied matters.
(B) This Hon'ble Court may be pleased to ratify the action of the Official Liquidator to hand over the possession of Huts / Chawls Situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad to applicants of Misc. Civil Application No. 01 & 02 of 20021 and Civil Application No. 03 of 2021 in compliance of the order dated 01.12.2021 passed by this Hon'ble Court.
(C) This Hon'ble Court may be pleased to ratify the action of the Official Liquidator to deploy 01 (one) Security Guards per shift Page 1 of 8 Downloaded on : Mon Oct 10 21:43:52 IST 2022 C/OLR/11/2022 ORDER DATED: 07/10/2022 i.e. (3 Guards Per day) of M/s. USPI Security & Investigation Private Limited, empaneled Security Agency, for safeguarding the Open Land Situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad.
(D) This Hon'ble Court may be pleased to permit the Official Liquidator to make monthly payment of M/s. USPI Security & Investigation Private Limited, empaneled security agency, for safe guarding the assets and properties of the company in liquidation out of the Common Pool Account maintained by the Office of the Official Liquidator subject to condition that the same will be re-couped out of the sale proceeds of assets of the company in liquidation on priority basis as liquidation expenses, before making any payment to any creditors."
3. In support of the above prayer, the Official Liquidator stated that this Court vide order dated 26.10.2021 passed in COM.A. No. 348 of 2016 and other allied matters directed the Official Liquidator to take possession of the land which is occupied by the legal heirs of Late Natha Bijal Vaghari located in Tavdipura area being part and parcel of the land of the company in liquidation with the help of Police Authority. In the said order this Court also directed the Official Liquidator to take possession of Sanitary Blocks situated at Plot No.C, Survey No.324/A (Paiki), TPS No.14, FP No.110 Paiki, Maheshwari Mill Compound, Tavdipura, Shahibuag, Ahmedabad as well as also directed the Official Liquidator to carry out fresh valuation of three Plots situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Anmedabad.
3.1 The Official Liquidator also stated that in compliance of the order dated 348 of 2016, the Official Liquidator had issued a letter dated 12.11.2021 to Secured Creditors & TLA to depute Page 2 of 8 Downloaded on : Mon Oct 10 21:43:52 IST 2022 C/OLR/11/2022 ORDER DATED: 07/10/2022 their authorized representative at the premises of the company in liquidation on 26.11.2021 to assist the officials of the Official Liquidator at the time of taking over possession of premises of the company in liquidation as well as also issued a letter dated 12.11.2021 to the Commissioner of Police, Ahmedabad with request to direct the concerned Police Station to depute adequate number of police personals on 26.11.2021 at the premises of the company in liquidation to maintain Law and Order situation in the said area.
3.2 The Official Liquidator also stated that in compliance of the order dated 26.10.2021, the Official Liquidator had vide letter dated 12.11.2021 appointed M/s. Gajjar Techno-Economics Consultant Private Limited, panel valuer to carry out fresh valuation of three Plots situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad as well as open plot situated at Survey No.306, F.P. No.115, TP No.14, Shahibaug, Mouje Dariapur- Kazipur, Tal. Asarwa, Dist. Ahmedabad.
3.3 The Official Liquidator further stated that in compliance of the order dated 26.10.2021, the Official Liquidator had deputed his representative on 15.11.2021 to serve the Eviction Notices to occupants Chawl/huts situated at Survey No306, F.P. No.115, TP No.14, Shahibaug, Mouje Dariapur-Kazipur, Tal. Asarwa, Dist. Ahmedabad. The Official of the Official Liquidator tried to serve the notices to occupants of hut / chawl on 15.11.2021 but they had taken only one copy of the Eviction Notice and refused Page 3 of 8 Downloaded on : Mon Oct 10 21:43:52 IST 2022 C/OLR/11/2022 ORDER DATED: 07/10/2022 to give acknowledgment of the same.
3.4 The Official Liquidator further stated that the Official Liquidator had deputed his representative on 26.11.2021 to take possession of huts / Chawl situated at Survey No306, F.P. No.115, TP No.14, Shahibaug, Mouje Dariapur-Kazipur, Tal. Asarwa, Dist. Anmedabad as well as Sanitary Blocks situated at Plot No.C, Survey No.324/A (Paiki), TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Anmedabad.
3.5 The Official Liquidator also stated that the officials of the Official Liquidator had taken possession of Sanitary Blocks situated at Plot No.C, Survey No.324/A (Paiki) TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad from Secretary of Maheshwari Industrial Estate Association in presence of members present and also informed them to ensure that from that day itself, members of their Association didn't utilize the Sanitary Blocks as well as not to throw any garbage and litters at the plots of the company in liquidation.
3.6 The Official Liquidator further stated that thereafter, the officials of the Official Liquidator visited premises of the company in liquidation situated at Survey No306, F.P. No.115, TP No.14, Shahibaug, Mouje DariapurKazipur, Tal. Asarwa, Dist. Anmedabad to take possession of Chawl / huts as well as open land. First of all, the officials of the Official Liquidator met the Page 4 of 8 Downloaded on : Mon Oct 10 21:43:52 IST 2022 C/OLR/11/2022 ORDER DATED: 07/10/2022 occupants of Huts / Chawls and informed them purpose of visit, the occupants of huts / Chawls had requested to not to take possession of their Chawls / Huts on the ground that they are legal heirs of Late Shri. Natha Bijal and had been occupied the said premises since long time and it's their ancestral property. Thereafter, one Mr. Rajendra K. Sharma, introduced themselves as the owner of the open plot and informed that he has purchased the said plot from Mrs. Shobhanaben & Others D/o. Shri. Ramalal T. Kazi vide registered Banakhat dated 11.05.2007 and since then he occupied the said plots and in support of his statement he had handed over the copy of registered Banakhat dated 11.05.2007, Hak Patrak & Title Search report dated 22.05.2007 issued by Mr. Jignesh Jani, Advocate. Hence, requested not to take possession. However, the officials of the Official Liquidator informed them that in compliance of the order dated 26.10.2021 passed by this Court, they were duty bound to take possession of the premises of the company in liquidation. Accordingly, the Officials of the Official Liquidator had taken possession of Huts/Chawls by applying Lock and Seal as well as open Land situated at Survey No306, F.P. No.115, TP No.14, Shahibaug, Mouje Dariapur-Kazipur, Tal. Asarwa, Dist. Anmedabad in presence of members present as well as with the help of Police Authority and also deployed 03 Guards per shift (i.e. 9 Guards per day) after discussing with representative of Secured Creditors, Workmen's Unions & Police Authority for safe guarding the assets and property of the company in liquidation subject to condition that matter will be place before this Court for appropriate direction.
Page 5 of 8 Downloaded on : Mon Oct 10 21:43:52 IST 2022C/OLR/11/2022 ORDER DATED: 07/10/2022 3.7 The Official Liquidator also stated that occupants of Huts / Chawls had preferred Misc. Civil Application No. 01 of 2021 and Civil Application No. 02 & 03 of 2021 before this Court for review the order dated 26.10.2021 passed in COM.A. No. 348 of 2016 as well as also praying this Court to direct the Official Liquidator to open the seal and restore the possession of premises to applicants. It is submitted that this Court had after hearing all concerned and on the basis of documentary evidence provided by applicant, recalled the order dated 26.10.2021 qua land which was occupied by the Legal heirs of Late Natha Bijal located at Tavdipura area and directed the Official Liquidator to handover the possession of the land of 100 Sq. Mtrs., as per the lease deed in favour of applicants.
3.8 The Official Liquidator further stated that in compliance of the said order, the Official Liquidator hac vide office order dated 01.12.2021 deputed his officials to hand over the possession of Huts / Chalws situated Tavdipura, Ahmedabad to its occupiers. It is further submitted that the officials of the Official Liquidator had removed the seal and open the lock applied at huts and hand over possession of said huts to its respective occupiers on 01.12.2021 upto their satisfaction and also reduced the security strength deployed at 26.11.2021 from 03 Security Guards per shift to 01 Security Guards Per day i.e. (3 Guard per day). The Official Liquidator stated that the office of the Official Liquidator in process to carry out fresh valuation of three Plots Situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad as well as Open Page 6 of 8 Downloaded on : Mon Oct 10 21:43:52 IST 2022 C/OLR/11/2022 ORDER DATED: 07/10/2022 Plot Survey No.306, F.P. No.115, TP No.14, Shahibaug, Mouje Dariapur-Kazipur, Tal. Asarwa, Dist. Anmedabad.
4. Having considered submissions by learned advocates for the parties and the report of the Official Liquidator, the prayes prayed for in the present Official Liquidator report are allowed. In view of the above, this Court pass the following order:-
4.1 The action of the Official Liquidator taking over possession of Huts / Chawls & Open Plot Situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad as well as three Plots Situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad in compliance of the order dated 26.10.2021 passed in COM.A. no. 348 of 2016 & other allied matters is hereby ratified.
4.2 The action of the Official Liquidator handing over possession of Huts / Chawls Situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad to applicants of Misc. Civil Application No. 01 & 02 of 20021 and Civil Application No. 03 of 2021 in compliance of the order dated 01.12.2021 of this Court is ratified.
4.3 The action of the Official Liquidator to deploy 01 (one) Security Guards per shift i.e. (3 Guards Per day) of M/s. USPI Security & Investigation Private Limited, empaneled Security Page 7 of 8 Downloaded on : Mon Oct 10 21:43:52 IST 2022 C/OLR/11/2022 ORDER DATED: 07/10/2022 Agency, for safeguarding the Open Land Situated at S. No.324/A Paiki, TPS No.14, FP No.110 Paiki, Maheswari Mills Compound, Tavdipura, Shahibaug, Ahmedabad is hereby ratified.
4.4 The Official Liquidator is permitted to make monthly payment of M/s. USPI Security & Investigation Private Limited, empaneled security agency, for safe guarding the assets and properties of the company in liquidation out of the Common Pool Account maintained by the Office of the Official Liquidator subject to condition that the same will be re-couped out of the sale proceeds of assets of the company in liquidation on priority basis as liquidation expenses, before making any payment to any creditors.
With the aforesaid observations and directions, this report is allowed and accrdingly stands disposed of.
(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 8 of 8 Downloaded on : Mon Oct 10 21:43:52 IST 2022