Calcutta High Court
Sbi Home Finance Ltd. [In Liqn vs Rajesh Agarwal & Anr on 21 March, 2011
Author: I. P. Mukerji
Bench: I. P. Mukerji
CA No. 226 of 2011
CP NO.329 OF 2008
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
IN THE MATTER OF:
SBI HOME FINANCE LTD. [IN LIQN.]
AND
RAJESH AGARWAL & ANR.
VS
THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 21st March, 2011.
Mr. S. Dasguupta, Mr. A. Dhar...for applilcant.
Ms. R. Sikdar...for Official Liquidator.
The Court : Pursuant to orders of this Court in a suit SBI Home Finance Ltd., which was not then in liquidation executed an agreement for sale on 22nd August, 2001 of the subject property in favour of the applicant. The applicant has paid a sum of Rs.8 lacs as consideration and is in possession of the subject property.
On 31st March, 2009, the above company was wound up and its properties are in the custody of the Official Liquidator.
Now, the applicant wants execution of a conveyance in his favour, which has not been executed when the company as in operation, by the Official Liquidator.
On these basic facts the Official Liquidator has raised no dispute. Only some technical questions are raised regarding drafting of the recitals and the habendum clause in the conveyance. Therefore, let the applicant being the intending purchaser 2 forward a draft conveyance to the Official Liquidator. Let them sit together and finalise the conveyance.
In those circumstances, as there is no dispute regarding execution of the conveyance, I direct the Official Liquidator, Joint Receivers, CLS Ltd. to execute the conveyance as parties or confirming parties as the case may be within four weeks from the date of service upon them of a copy of this order.
This application is accordingly disposed of. Liberty to mention in case of any difficulty.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I. P. MUKERJI, J.) pkd.
Asstt.Registrar[C.R.]