Gujarat High Court
Diljit Builders & Associates Pvt Ltd & vs Liquidator Of Piramal Financial ... on 10 February, 2016
Bench: Jayant Patel, Anant S. Dave
O/OJCA/74/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (OJ) NO. 74 of 2016
In
O.J.APPEAL NO. 45 of 2015
In
COMPANY APPLICATION NO. 437 of 2009
In
COMPANY PETITION NO. 147 of 2000
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DILJIT BUILDERS & ASSOCIATES PVT LTD & 1....Applicant(s)
Versus
LIQUIDATOR OF PIRAMAL FINANCIAL SERVICES LTD....Respondent(s)
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Appearance:
J SAGAR ASSOCIATES, ADVOCATE for the Applicant(s) No. 1 - 2
MR RM DESAI, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
JAYANT PATEL
and
HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 10/02/2016
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JAYANT PATEL)
1. The present application is filed essentially with a view to see that the applicants may be permitted to pay the impact fee for protecting the property and for such purpose, seals may be reopened to enable the officials of the Municipal Corporation to have the measurements.
2. We have heard Mr. Bijal Chhatrapati, learned counsel appearing Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Feb 11 02:29:18 IST 2016 O/OJCA/74/2016 ORDER for the applicants.
3. The offer on the part of the applicants can be appreciated for regularization of construction, if otherwise permissible in law. But at the same time, two aspects need to be emphasized; one is that the transaction in favour of the applicants is held to be ab initio void and another is that the seals are applied by the Official Liquidator as per the interim order passed in O.J. Appeal No. 45 of 2015. If the applicants are really desirous to see that the construction is considered for regularization and thereby construction is to be protected, it would be for the applicants to deposit the amount of impact fee which is stated to be approximately Rs. 3.50 Lacs with the Official Liquidator plus the expenses of about Rs. 50,000/-, total Rs. 4.00 Lacs, with the Official Liquidator and upon such deposit on or before 12th February 2016, the Official Liquidator may apply for regularization of the so-called construction, if permissible in accordance with law. The amount, if any, deposited shall be subject to the final order which may be passed by this Court in O.J. Appeal No. 45 of 2015. However, it is observed that if the amount is not deposited, the same will be at the risk and peril of the applicants.
4. The application disposed of.
(JAYANT PATEL, ACJ.) (ANANT S.DAVE, J.) pirzada Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Feb 11 02:29:18 IST 2016