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Bombay High Court

S. Jayaram Chowdary vs Skypak Couriers Ltd.(Mp) Nd The O.O. Of ... on 24 August, 2022

Author: N. J. Jamadar

Bench: N. J. Jamadar

                                                       7-IA-23948-22+.DOC

                                                   Sayali Upasani
    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        ORDINARY ORIGINAL CIVIL JURISDICTION

      INTERIM APPLICATION (L) NO. 23948 OF 2022
                         IN
          COMPANY PETITION NO. 466 OF 1995

S. Jayaram Chowdary                                ...Applicant
     In the matter between
Skypak Courier Ltd                                ... Petitioner
          Versus
The Official Liquidator Ross         Murarka
Finance Ltd (In Liqn.)                           ...Respondent

Mr. C.M. Mehta i/b MMK Associates, for Applicant
Mr. Gaurav Gandhi i/b Harsh B., for Respondent No.2
Mr. Mahendhar Aithe, Company Prosecutor, for Official
      Liquidator.

                            CORAM: N. J. JAMADAR, J.

DATED : 24th August, 2022 PC:-

1. Heard Mr. Mehta, the learned Counsel for the applicant.

2. By an order dated 3rd August, 2022, this Court had issued notice to respondent No.2 - Sudalaguntha Sugars Ltd.

3. Mr.Mehta submits that he has instructions to state that the subject property was purchased by the applicant in his individual capacity and respondent No.2 has no claim, right and/ or interest in the subject property.

4. A copy of the communication addressed on behalf of the respondent No.2 is tendered for perusal of the Court.

7-IA-23948-22+.DOC

5. The said copy is taken on record and marked "X". Paragraph No. 2 of the aforesaid communication reads as under.-

" We have been informed that the said Application is likely to be listed before the Hon'ble Bombay High Court on 24.08.2022 (i.e. tomorrow)and you have further sought certain instructions from us. In furtherance of the same, we would have to state that the subject matter of the present Application being all that piece and parcel of land admeasuring 41.99 acres, lying being and situate at Swargapuri, Vembedu Village, Mayyur Post, Uthukottai Taluk, Thiruvallur, Dist. Tamil Nadu, was purchased by the Applicant S. Jayaram Chowdary in his individual capacity. We have no claim, right and/or interest in the said property as we have not bid for the said property. Besides, we do not/cannot have any objection, of whatsoever nature, in the event the Deed of Conveyance vis a vis the said property is executed in favour of the Applicant/and or his nominee, as required by him."

6. Mr. Aithe, the learned Company Prosecutor submits that in view of the aforesaid stand of respondent No.2, the Official Liquidator has no objection to allow the prayers in the instant application.

7. Application thus stands allowed terms of prayer Clause "(a)" and "(b)" which read as under.-

"(a) That this Hon'ble Court be pleased to condone the delay, if any, in execution of the Deed of Conveyance.

(b) that this Hon'ble Court be pleased to direct the Respondent to execute the Deed of Conveyance in favour of the applicant and or his nominee.

8. The application stands disposed.

[N. J. JAMADAR, J.] 2/2