Gujarat High Court
The Official Liquidator Of M/S Aps Star ... vs M/S Avenue Supermarts Ltd. on 10 December, 2020
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/OLR/10/2020 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2020
In
R/OFFICIAL LIQUDATOR REPORT NO. 10 of 2020
In R/OFFICIAL LIQUDATOR REPORT NO. 43 of 2019
================================================================
M/S AVENUE SUPERMARTS LTD.
Versus THE OFFICIAL LIQUIDATOR OF M/S APS STAR INDUSTRIES LTD(IN LIQUIDATION) ================================================================ Appearance:
for the PETITIONER(s) No. MR BHARAT JANI for the PETITIONER(s) No. MR PATHIK M ACHARYA for the RESPONDENT(s) No. ================================================================ CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 10/12/2020 IA ORDER Heard learned advocate Mr.Bharat Jani for the applicant and learned advocate Mr.Pathik Acharya for the respondent.
1. This application is filed with the following prayers:
"(A) The Hon'ble High Court may be pleased to admit and allow this misc. civil application.
(B) The Hon'ble High Court may be pleased to pass appropriate order by approving the draft sale deed enclosed at Annexure'C" to this application and direct the Official Liquidator to execute and register the sale deed as per draft as may be approved by this Hon'ble Court subject to condition that the stamp Duty, Registration Charges and all other expenses Page 1 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER incidental to the execution and registration of the deed of sale deed shall be borne and paid by the applicant namely Avenue Supermarts Ltd.
(C) The Hon'ble High Court may be pleased to pass any other appropriate order, which may be deem just and proper in the interest of justice."
2. Learned advocate Mr.Jani for the applicant submitted that pursuant to the order passed by this Court (Coram: Hon'ble Mr.Justice G.R.Udhwani, J., as he was then) dated 05.03.2020 in Official Liquidator Report No.10 of 2020 in Official Liquidator Report No.43 of 2019, the conveyance deed for land ad measuring 16,222 sq.mtrs approximately along with civil/building structure situated at Revenue Survey No.234 (Part), 236/1 (part), 237 (part), 42 (part), 43/1 (part), 44/2 (part), 44/3 (part), situated at village Bhopar, Manpada road, Opp. M/s. Kitchen Kraft Shed & MIDC, Off KalyanSheel Phata road, Dombiwali (East), Dist Thane for a sale consideration of Rs.67 crores was approved.
3. Learned advocate Mr.Jani further submitted that after the payment of the consideration, the Official Liquidator handed over the physical possession of the subject property to the applicant on 08.11.2019 and thereafter, the saledeed was approved by the aforesaid order.
4. Learned advocate Mr.Jani further pointed out that in the recital of the title narrated in the Page 2 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER saledeed, there is an omission with regard to the holding of the subject property in question in the name of various entities which were erstwhile companies and merged into the company liquidation.
5. In view of the omission of such facts, not mentioned in the conveyance deed, the applicant has submitted a fresh conveyance deed so as to complete the chronology and chain of titles by adding Paragraph "C" at Page No.2 of the conveyance deed. Learned advocate Mr.Jani submitted that it was a bonafide inadvertent error on the part of the applicant in not incorporating the said paragraph "C" in the earlier draft saledeed which was approved by this Court vide order dated 5th March, 2020.
6. On the other hand, learned advocate Mr.Acharya for the respondent submits that the contentions raised by learned advocate Mr.Jani are correct and therefore, necessary order is required to be passed so as to add paragraph "C" in the saledeed which is already approved by the order dated 5th March, 2020.
7. Accordingly, the following order is passed:
The Misc. Civil Application is allowed by approving the draft saledeed enclosed at Annexure"C" to this application and the Official Liquidator is directed to execute the registered saledeed as per the draft which is incorporated hereinafter in this order subject to condition that Page 3 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER the stamp duty registration charges and all other expenses incidental to the execution and registration of the saledeed shall be borne and paid by the applicant namely, M/s. Avenue Supermarts Ltd :
DEED OF CONVEYANCE This Deed made at Mumbai this ___ day of ____________ 2020 BETWEEN APS STAR INDUSTRIES LIMITED (in liquidation) through its liquidator Shri. RC Mishra Official Liquidator High Court Gujarat having office at Corporate Bhawan 3rd Floor BH Zydus Hospital S.G Highway Thaltej Ahmedabad Pin 380 059 hereinafter referred to as the `Vendor' (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his successor/s in office and or assigns) of the one part AND AVENUE SUPERMARTS LIMITED a limited liability company incorporated under the Companies Act 1956 under CIN L51900MH2000PLC126473 having its registered office at Anjaneya Opp Hiranandani Foundation School Powai Mumbai 400 076 hereinafter referred to as the `Purchaser' (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the other part WHEREAS a APS Star Industries Limited was ordered to be wound up by an Order dated 12th February 2008 passed by the Hon'ble High Court at Gujarat in Company Petition no 190 of 2003 and the Vendor has been appointed as the Official Liquidator therefor, a photocopy whereof is annxed hereto as Annexure `1';
b Pursuant to the Order for winding up the Official Liquidator took possession of the assets and effects of APS Star Industries Limited including the freehold Non Page 4 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER Agricultural (Industrial) land situate at Manpada Road, Opposite M/S Kitchen Kraft Shed and MIDC, Off KalyanSheel Phata Road Dombivali (East) Thane Pin 421 203 Maharashtra State within the limits of Kalyan Dombivali Municipal Corporation in the revenue village of Bhopar in the taluka and registration sub district of Kalyan district Thane bearing: Survey No 234/1/A/2 admeasuring 410 sq mts (ii) Survey No 236/1/H admeasuring 11,120 sq mts (iii) Survey No 237/3 admeasuring 980 sq mts (iv) Survey No 42/1 admeasuring 480 sq mts (v) Survey No 43/1/B admeasuring 1,730 sq mts (vi) Survey No 44/3/B admeasuring 950 sq mts and (vii) Survey No 44/2B admeasuring 570 sq mts in aggregate admeasuring 16,240 sq mts as per the revenue records and admeasuring 16,222 sq mts as per the documents shown by red colour outline on the plan annexed hereto as Annexure `2' more particularly described in the Schedule hereunder written (hereinafter referred to as the `Plot') alongwith the building/structure thereon. The Plot alongwith building/structure thereon are hereinafter collectively referred to as the `Property'; The building/structure is in a dilapilated condition, the photographs of the same are annexed herein as Annexure '3';
c It appears that the Plot stood in the names of the Vendor Company and its various sister/group companies as under:
Area Name of Companies Sr No Survey No Hissa No (in sq mts) 1 234 1/A/2 410 Star Textile Co Ltd.
2 1/H Star Textile Engineering 236 11120 Works Ltd 3 237 3 980 Star Textile Co Ltd.
4 1 Star Textile Engineering 42 480 Works Ltd 5 43 1/B 1730 Star Textile Engineering Ltd 6 44 3/B 950 Star Textile Co Ltd.
7 44 2/B 570 Star Textile E Works Ltd.
16240 Page 5 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER By the Order dated 10th March 1995 and as per the scheme sanctioned in that behalf, the sister/group companies alongwith all their assets/properties were merged into the Vendor and their respective lands vested in the Vendor Company. However the 7x12 extracts of the Plot continue to stand in the name of the various group/sister companies, the photocopies whereof are annexed hereto as Annexure `4A' to `4G' respectively;
d By the Orders dated 11th January 2019 and 24th January 2019 in Official Liquidator Report No 150 of 2018 taken out in the aforesaid Company Petition No 190 of 2003, the Hon'ble High Court of Gujarat:
(I) permitted the Official Liquidator to conduct auction of the Property;
(II) directed the eauction of the Property to be done through eauction agency namely E Procurement Techonlogies Limited;
(III) directed to issue the Public Notices in five(5) newspapers Viz. 1) Times of India (English Daily) Gujarat, Maharashtra and Karnataka 2) Economic Times (English Daily) All over India 3) Gujarat Samachar (Gujarat Daily) All over Gujarat, 4) Maharashtra Times (Marathi Daily) all over Maharashtra; and Vijayanvani (Kannada Daily) All over Karnataka.
(IV) confirmed the Terms and Conditions dated 19th January 2018 (hereinafter referred to as the `Terms') for sale interalia of the Property ;
The photocopies of the Orders dated 11 th January 2019 and 24th January 2019 and the Terms dated 19th January 2018 are annexed hereto as Annexures `5A' to `5C' respectively;
Page 6 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER
e In pursuance of the aforesaid Orders of the High Court
of Gujarat, the Public Notices were issued in the 28th January 2019 issue of the news papers as setout in recital C(III) hereto inviting offers for the sale of assets/properties of APS Star Industries Limited in liquidation in respect of the Property and the other lands at Dharwad, Vadodara and Nashik;
f By the Orders dated 9th and 11th July 2019 the High Court of Gujarat allowed the Purchaser to participate in the auction sale of the Property. Pursuant thereto Purchaser interalia paid and deposited the Earnest Money Deposit of Rs 4,22,60,000/ (Rupees four crores twenty two lacs sixty thousand only). The photocopies of the Orders dated 9th and 11th July 2019 are annexed hereto as Annexures `6A' and `6B' respectively;
g Considering the highest bid from the Purchaser and having found the same to be adequate and appropriate, the High Court of Gujarat by the Order dated17th and 30th July 2019 confirmed the sale of the Property in favour of the Purchaser `on an as is where is whatever there is basis' at and for the Purchase consideration of Rs 67,00,00,000/ (Rupees sixty seven crores only) (hereinafter refered to as the `Auction Price') and on the Terms as recited in recital (c)(IV) hereof. The photocopies of the Orders dated 17th July 2019 and 30th July 2019 are annexed hereto as Annexures `7A' and `7B' respectively;
h The Auction Price of Rs 67,00,00,000/ (Rupees Sixty Seven Crores Only)has been paid by the Purchaser as mentioned below.:
Sr. Amount in Details of Payment
No. Rupees (Rs.).
a Rs 4,22,60,000/ Paid prior to the execution hereof i.e. on
(Rupees four 9th July 2019 vide RTGS/UTR No.
crore twenty two N190190872069122 being the Earnest lakh sixty Money Deposit as per clause 6 of the thousand only) Terms Page 7 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER b Rs Paid prior to the execution hereof i.e. on 16,75,00,000/ 14th August 2019 vide RTGS/UTR No. (Rupees sixteen HDFCR52019081491144157 being 25% crore seventy five of Auction Price as per clause 16 of the lakhs only) Terms.
c Rs Paid prior to the execution hereof i.e. on 45,35,40,000/ 15th October 2019 vide RTGS/UTR No. (Rupees forty five HDFCR52019101599814204 being part crore thirty five payment of balance amount of lakhs forty purchase consideration as per clause 16 thousand only) of the Terms.
d Rs. 67,00,000/ Paid prior to the execution hereof i.e. on (Rupees sixty 15th October 2019 vide RTGS/UTR No. seven lakhs only) HDFCR52019101599813889 being balance payment of Auction price as per clause 16 of the Terms.
i As per clause 22 of the Terms, the Purchaser has paid and deposited a sum of Rs 67,00,000/ on 30 th November, 2019 vide Certificate No. XFGAKEA bearing Challan No.30277 on account of OFFICIAL LIQUIDATOR HIGH COURT OF GUJARAT being TDS under sec 194IA of the Income Tax Act 1961. Notwithstanding such provisions of the Income Tax Act 1961, such TDS has been paid over and above and in addition to the Auction Price;
j As per clause 21 of the Terms, the proper stamp duty
of Rs ______________/ under the
Maharashtra Stamp Act 1958 and the registration charges of Rs ______________/ under the Indian Registration Act 1908 have been paid by the Purchaser in respect of the Property prior to the execution hereof;
k In compliance of the Order dated 17th July 2019 and as per clause 20(a) of the Terms, the Offical Liquidator is executing this Deed of Conveyance of the Property in favour of the Purchaser on an 'as is where is whatever there is basis' in the manner as hereinafter appearing:
NOW THIS INDENTURE WITNESSETH AS UNDER:Page 8 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021
C/OLR/10/2020 IA ORDER The Vendor doth hereby grant transfer convey unto the Purchaser on an `as is where is whatever there is' basis all that piece or parcel of the freehold Non Agricultural (Industrial) land situate at Manpada Road, Opposite M/S kitchen Kraft Shed and MIDC, Off Kalyan Sheel Phata Road Dombivali (East) Thane Pin Pin 421 203 Maharashtra State within the limits of Kalyan Dombivali Municipal Corporation in the revenue village of Bhopar in the taluka and registration sub district of Kalyan district Thane bearing: (i) Survey No 234/1/A/2, admeasuring 410 sq mts
(ii) Survey No 236/1/H admeasuring 11,120 sq mts (iii) Survey No 237/3 admeasuring 980 sq mts (iv) Survey No 42/1 admeasuring 480 sq mts (v) Survey No 43/1/B admeasuring 1,730 sq mts (vi) Survey No 44/3/B admeasuring 950 sq mts and (vii) Survey No 44/2B admeasuring 570 sq mts in aggregate admeasuring 16,240 sq mts as per the revenue records and admeasuring 16,222 sq mts as per the documents shown by red colour outline on the plan annexed hereto as Annexure `2' more particularly described in the Schedule hereunder written (hereinafter referred to as the `Plot') alongwith the building/structure thereon. The Plot alongwith building/ structure thereon are hereinafter collectively referred to as the `Property' TOGETHER WITH all and singular the areas ways, compounds paths passages, water, water courses, sewers, ditches drains, trees, plants lights liberties rights members easements privileges and appurtenances whatsoever to the Property or any part thereof belonging or in anywise appurtaining thereto or any part thereof or at any time herein before held used occupied or enjoyed therewith or reputed or known as part or member thereof to belong or be appurtenant thereto AND ALSO together with all the original title deeds documents writings vouchers and other evidences of title relating to the Property or any part thereof AND ALL the estate right title interest inheritance property possession benefit claim and demand whatsoever both at law and in equity of the Vendor into out of or upon the Property hereditaments and premises or any part thereof AND TO HAVE AND TO HOLD all and singular the Property hereby granted and conveyed unto and to the use of the Purchaser absolutely subject however to the payment of rates rents taxes assessments duties and or dues that may be payable to the State Government of Maharashtra or to the Kalyan Dombivali Municipal Corporation or any public body or authority by the Purchaser in respect Page 9 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER thereto AND the Vendor further covenant with the Purchaser that notwithstanding any act deed matter or thing whatsoever by the Vendor or by any person/s lawfully or equitably claiming by from through under or in trust from him made done committed or omitted or knowingly or willingly suffered to the contrary he the Vendor has in himself good right full power and absolute authority to grant and convey the Property unto the Purchaser in the manner aforesaid AND it shall be lawful for the Purchaser at all times hereafter peaceably and quietly to hold possess and enjoy the Property and or any part thereof hereby granted and conveyed with its appurtenances and receive the rights advantages and profits thereof including the FSI and or the TDR available now or at any time hereafter on the Property and every part thereof for its own use and benefit without any suit lawful interruption claim or demand whatsoever by or from the Vendor or his successors in Office administrators or assigns or any person/s lawfully or equitably claiming or to claim by from under him AND that the Property hereby granted and conveyed is free and clearly and absolutely acquitted exonerated released and forever discharged or otherwise by the Vendor and well and sufficiently saved defended kept harmless and indemnified of from and against all former and other estates title charges and or encumbrances whatsoever had made executed occasioned or suffered by the Vendor or his predecessors in title or any person or persons lawfully or equitably claiming or to claim by or in trust for him or any of them AND the Vendor and all persons having or lawfully or equitably claiming any estate right title or interest at law or in equity of the Property hereby granted or any part thereof from under or in trust for him his successors and assigns shall and will from time to time and at all times hereafter at the request and cost of the Purchaser shall do and execute or cause to be done and executed all further and other lawful deeds writings and or documents to do and perform, such other reasonable acts deeds things and matters in law whatsoever for the better and more perfectly conveying the Property unto the Purchaser in the manner aforesaid AND the Vendor hereby covenants with the Purchaser that he the Vendor has not done omitted knowingly or willingly suffered or been a party or privy to any act deed matter or thing whereby he is prevented from conveying the Property unto the purchaser in the manner aforesaid AND the Vendor hereby covenants with the Purchaser that he the Page 10 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER Vendor has not done omitted knowingly or willingly suffered or been a party or privy to any act deed matter or thing whereby he is prevented from conveying the Property in the manner aforesaid or whereby the same or any part thereof are is can or may be charged encumbered or prejudicially affected in estate title or otherwise howsoever AND the Purchaser does hereby covenant with the Vendor that the Purchaser will henceforth pay regularly the rents herein reserved to all government and semi government bodies and or authorities and keep indemnified the Vendor his estates and effects from and against the payments and all actions proceedings costs damages claims demand and laibilties whatsoever for of account of the same or in way relating thereto AND THAT as per clause 22 of the Terms (as setout in recital (g) hereof) a sum of Rs 67,00,000/ (Rupees six seventy lacs only) on 30th Novermber, 2019 vide Certificate No.XFGAKEA bearing Challan No.30277 on account of OFFICIAL LIQUIDATOR HIGH COURT OF GUJARAT to be deducted as per section 1941A of Income Tax Act 1961 has not been deducted thereout, but instead has been directly paid and deposited by the Purchase with the Income Tax Department AND THAT such sum of Rs 67,00,000/ being the TDS has been paid and deposited in the account of Income Tax department for and on behalf of APS Star Industries Limited by the Purchaser over and above and in addition to the Auction Price of Rs 67,00,00,000/ AND THAT IT IS FURTHER declared and confirmed by the Purchaser that the Terms and Conditions dated 19th January 2018 approved by the Hon'ble High Court of Gujarat as per the Orders dated 11 th and 24th January 2019 shall be deemed to form a part of and shall be deemed to have been incorporated in this Indenture and shall continue to be binding on the Vendor and the Purchaser herein AND THIS INDENTURE FURTHER WITNESSETH that as per clause 27 of the Terms (as setout in recital (c)(IV) above) the Vendor has handed over to the Purchaser the quiet vacant peaceful actual and physical possession of the Property by Possession letter bearing Ref. No. OL/APS Star Ind//2019 dated 08/11/2019 annexed herewith as Annexure "8".
The Income Tax Permanent Account Numbers of the parties hereto are as under:
a The Official Liquidator VendorAAAJO0099F High Court Gujarat b Avenue Supermarts Limited Purchaser AACCA 8432 H Page 11 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER The photocopies of the Permanent Account Numbers are annexed hereto as Annexures `9A' and `9B' respectively;
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands to this writing on the day month and year first hereinabove mentioned.
SCHEDULE PROPERTY DESCRIPTION ALL that piece or parcel of freehold Non Agricultural (Industrial) land or ground stituate at Manpada Road Opposite M/S Kitchen Kraft Shed and MIDC Road, Off Kalyan Sheel Phata Road Dombivali (East) Thane Pin 421 203 Maharashtra State within the limits of Kalyan Dombivli Municipal Corporation in the revenue village of Bhopar in the taluka and registration sub district of Kalyan district Thane bearing: Survey No 234/1/A/2, admeasuring 410 sq mts (ii) Survey No 236/1/H admeasuring 11,120 sq mts (iii) Survey No 237/3 admeasuring 980 sq mts (iv) Survey No 42/1 admeasuring 480 sq mts (v) Survey No 43/1/B admeasuring 1,730 sq mts (vi) Survey No 44/3/B admeasuring 950 sq mts and (vii) Survey No 44/2B admeasuring 570 sq mts in aggregate admeasuring 16,240 sq mts as per the revenue records and admeasuring 16,222 sq mts as per the documents.
THIS DEED of Conveyance of the Property is for a fair and marketable consideration of Rs. 67,00,00,000/ (Rupees Sixty Seven Crores Only) Therefore, this deed is executed on Stamp Duty of Rs. ______________/ (Rupees___________________________________________ _______ Only) at the rate of ___% still however the party of the second part will be held liable for the present and future liability regarding stamp duty.
IN WITNESS WHEREOF the parties hereunto set and subscribed their respective hands and seal on the day and the year hereinabove Written.
SIGNED AND DELIVERED BY WITHIN NAMED OFFICIAL LIQUIDATOR OF APS STAR Page 12 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER INDUSTRIES LIMITED (IN LIQUIDATION) VENDOR (______________________) HEREIN BY THE HANDS OF OFFICIAL LIQUIDATOR OF APS STAR INDUSTRIES LTD (IN LIQN.) SIGNED BY THE WITHIN NAMED THE PURCHASER, BY THE HAND OF ITS AUTHORIZED SIGNATORY SHRI ________________________ (_____________________) AND COMMON SEAL OF THE AUTHORIZED SIGNATORY COMPANY AFFIXED HERETO AVENUE SUPERMARTS IN PURSUANCE OF THE LIMITED RESOLUTION PASSED BY THE BOARD OF DIRECTORS OF THE COMPANY ON 3rd December 2018 In the presence of WITHNESSES:
1. ______________________________
2. ______________________________ ADDRESS OF THE PROPERTY ALL that piece or parcel of freehold Non Agricultural (Industrial) land or ground stituate at Manpada Road Opposite M/S Kitchen Kraft Shed and MIDC Road, Off Kalyan Sheel Phata Road Dombivali (East) Thane Pin 421 203 Maharashtra State within the limits of Kalyan Dombivli Municipal Corporation in the revenue village of Bhopar in the taluka and registration sub district of Kalyan district Thane bearing: Survey No 234/1/A/2, admeasuring 410 sq mts (ii) Survey No 236/1/H admeasuring 11,120 sq mts (iii) Survey No 237/3 admeasuring 980 sq mts (iv) Survey No 42/1 admeasuring 480 sq mts (v) Survey No 43/1/B admeasuring 1,730 sq mts (vi) Survey No 44/3/B admeasuring 950 sq mts and (vii) Survey No 44/2B admeasuring 570 sq mts in aggregate admeasuring 16,240 sq mts as per the revenue records and admeasuring 16,222 sq mts as per the documents PHOTOGRAPH (1) OF THE PROPERTY Page 13 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER Signed and delivered by Within Signed and delivered Named Official Liquidator of APS by Within Named purchaser STAR INDUSTRIES LIMITED herein by the hands of (In Liqn.) Vendor herein by the hands of (_______________________) (______________________) Official Liquidator of Authorized Signatory of APS Star Industries Limited Avenue Supermarts Limited.
MEMO OF CONSIDERATION RECEIVED A SUM OF I Say Received:
Rs. 67,00,00,000/ by the Avenue Supermarts Limited, in terms of (______________________ order dated 17/07/2019 passed ______) by the Hon'ble High Court of OFFICIAL LIQUIDATOR OF Gujarat in Official Liquidators APS STAR INDUSTRIES Report nos 150 of 2018 and 43 of LIMITED., (IN LIQN.) 2019 in Company petition no 190 of 2003 In the presence of WITHNESSES
1. ___________________________
2. ___________________________ PHOTO SCHEDULE AS PER SECTION 32 A OF THE INDIAN RESIGTRATION ACT.
Names Photo Thumb
Impression
VENDOR
___________________
AUTHORIZED PERSON OF
Page 14 of 18
Downloaded on : Thu Feb 11 23:39:01 IST 2021
C/OLR/10/2020 IA ORDER
OFFICIAL LIQUIDATOR OF
APS STAR INDUSTRIES
LIMITED (IN LIQUIDATION)
PURCHASER
____________________
AVENUE SUPERMARTS
LIMITED, THROUGH ITS
AUTHORIZED SIGNATORY
SHRI____________
THE SCHEDULE HEREINABOVE REFERRED TO:
(Description of the Plot) ALL that piece or parcel of freehold Non Agricultural (Industrial) land or ground stituate at Manpada Road Opposite M/S Kitchen Kraft Shed and MIDC, Off Kalyan Sheel Phata Road Dombivali (East) Thane Pin Pin 421 203 Maharashtra State within the limits of Kalyan Dombivli Municipal Corporation in the revenue village of Bhopar in the taluka and registration sub district of Kalyan district Thane bearing: Survey No 234/1/A/2, admeasuring 410 sq mts (ii) Survey No 236/1/H admeasuring 11,120 sq mts (iii) Survey No 237/3 admeasuring 980 sq mts (iv) Survey No 42/1 admeasuring 480 sq mts (v) Survey No 43/1/B admeasuring 1,730 sq mts (vi) Survey No 44/3/B admeasuring 950 sq mts and (vii) Survey No 44/2B admeasuring 570 sq mts in aggregate admeasuring 16,240 sq mts as per the revenue records and admeasuring 16,222 sq mts as per the documents SIGNED SEALED AND DELIVERED ) BY THE withinnamed ` Vendor' ) Shri R.C.Mishra the Official Liquidator, ) High Court Gujarat in the presence of ) Signature Photograph Thump Impression (RC Mishra) Offical Liquidator Page 15 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER High Court of Gujarat VENDOR SIGNED SEALED AND DELIVERED ) BY the withinnamed 'Purchaser' ) Avenue Supermarts Limited through ) its Authorised Signatory Mr _________ ) _______________________ authorized ) by the resolution passed at the meeting ) of its Board of Directors held on _____ ) ____________ , in the presence of ) Signature Photograph Thumb Impression For Avenue Supermarts Limited (______________________) Authorised Signatory PURCHASER RECEIVED from the withinnamed ) Purchaser the sum of Rs 67,00,00,000/ ) (Rupees sixty seven crores only) being ) the Auction Price paid by the Purchaser ) to the Vendor prior to the execution ) hereof as within mentioned ) Sr Payer Payee Amount RTGS/ UTR Date Bank/branch No (in Rs) No 1 Purchaser Vendor 4, 22,60,000/ N190190872069122 09072019 HDFC (earnest Bank Page 16 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER money Ltd, deposit) Powai Mumbai 2 Purchaser Vendor 16,75,00,000/ HDFCR52 14082019 HDFC (paid prior 019081491 Bank to the 144157 Ltd, execution Powai hereof) Mumbai 3 Purchaser Vendor 45,35,40,000/ HDFCR5201910159 15102019 HDFC (paid prior 9814204 Bank to the Ltd, execution Powai hereof) Mumbai 4 Purchaser Vendor 67,00,000/ HDFCR5201910159 15102019 HDFC (paid prior 9813889 Bank to the Ltd, execution Powai hereof) Mumbai TOTAL 67,00,00,000/ I Say Received ( Shri RC Mishra) Official Liquidator High Court of Gujarat W I T N E S S E S:
1 (_______________________________) ________________________________ ________________________________ ________________________________ 2 (_______________________________) ________________________________ ________________________________ ________________________________
8. It is expected that the Official Liquidator Page 17 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021 C/OLR/10/2020 IA ORDER shall take necessary steps to execute the saledeed at the earliest."
9. Misc Civil Application stands disposed of accordingly.
(BHARGAV D. KARIA, J) Pradhyuman Page 18 of 18 Downloaded on : Thu Feb 11 23:39:01 IST 2021