Gujarat High Court
Aashapura Infratech Pvt Ltd vs Official Liquidator Of Ardor ... on 24 January, 2019
Author: C.L. Soni
Bench: C.L. Soni
C/COMA/6/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/COMPANY APPLICATION NO. 6 of 2019
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AASHAPURA INFRATECH PVT LTD
Versus
OFFICIAL LIQUIDATOR OF ARDOR INTERNATIONAL PRIVATE LIMITED
(IN LIQN)
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Appearance:
MR BN LIMBACHIA(3454) for the PETITIONER(s) No. 1
MR KUNAL P VAISHNAV(5111) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 24/01/2019
ORAL ORDER
1. The applicant has taken out the present application with following prayers:
"(A) The applicant may be permitted to participate in the process of bidding for the sale of immovable properties of Adore International Private Limited (In Liquidation) derbies as lot 2 being 4 residential plots being plot No.5,6,7 and 8 of Savita Co.Op.Housing Society, Vibhag 1 situated village Thaltej Tal : Daskoi, Dist : Ahmedabad;
(B) Direct the respondent OL to accept the EMD of Rs.3,25,00,025/ by way of Demand Draft No.605844 dated 23/01/2019 drawn on Kotak Mahindra Bank.
(C) Your Lordships to pass such other and further orders necessary in the interest of justice."
2. Learned advocate Mr.Vaishnav for the applicant submitted that yesterday the applicant had tendered EMD with draft of Rs.8,00,000/ being the late fee charges and therefore, the Court Page 1 of 2 C/COMA/6/2019 ORDER may permit the applicant to participate in the auction for the sale of the company's properties, as permitted to two other participants vide order dated 21.01.2019.
3. Learned advocate Mr.Jeet Bhatt appearing for the Official Liquidator confirms that the draft of EMD as also the draft of Rs.8,00,000/ for late fee charges were received by the office of the Official Liquidator.
4. The Court finds that on the same ground when two other parties are permitted to participate in the auction, the present applicant could as well be permitted to participate in auction as it has shown willingness and deposited late fee charges of Rs.8,00,000/.
5. In view of the above, the applicant is permitted to take part in the process of bidding/ auction for the sale of properties of the company. The application stands disposed of.
(C.L. SONI, J) Manshi Page 2 of 2