Gujarat High Court

Navdurga Associates vs Ol Of M/S Kankaria Chemicals ... on 20 January, 2023

Bench: Bhargav D. Karia

     C/COMA/26/2021                                ORDER DATED: 20/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/COMPANY APPLICATION NO. 26 of 2021

                  In R/COMPANY PETITION NO. 173 of 1986

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                    NAVDURGA ASSOCIATES
                            Versus
     OL OF M/S KANKARIA CHEMICALS INDUSTRIES LTD. (IN LIQN)
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Appearance:
ARPIT R SINGHVI(9524) for the Applicant(s) No. 1,2
MR SP MAJMUDAR(3456) for the Applicant(s) No. 1,2
MR SIDDHARTH H DAVE(5306) for the Respondent(s) No. 1
MR.KARANSINH SOLANKI(6541) for the Respondent(s) No. 3,4,5,6,7
NOTICE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                             Date : 20/01/2023

                                ORAL ORDER

1. Heard learned advocate Mr.Arpit Singhvi

for the applicants, learned advocate Mr.Dhawan

Jayswal for the opponent No.1-Official

Liquidator, learned Assistant Government

Pleader Mr.Kurven Desai for the opponent No.2-

State and learned advocate Mr.Karansinh

Solanki for the opponent Nos.3 to 7.

2. The applicants have filed this application

C/COMA/26/2021 ORDER DATED: 20/01/2023

with the following prayers :

"(A) YOUR LORDSHIPS may be pleased to quash and set aside order dated 22.09.2016 passed by Ld. Pricipal Civil Judge, Kalol in R.C.S. No. 24 2014;

(B) YOUR LORDSHIPS may be pleased to direct the Respondent Official Liquidator of M/s.Kankaria Chemicals Industries Ltd. (In Liquidation) to sell the land in question situated at Khata No.27, Revenue Survey No.9 at Village:Katol, Taluka: Kalol, District: Panchamahal and admeasuring Acre 1 27 Guntha at Village: Katol, Taluka: Kalol, District: Panchamahal to the Applicants herein at a proportionate price at which the properties as described in Lot No. 1 were purchased by the Applicant during auction;

(C) YOUR LORDSHIPS may be pleased to direct the Respondent Nos. 3 to 7 not to disturb the Applicants' possession over the land in question situated at Khata No. 27, Revenue Survey No. 9 at Village: Katol, Taluka: Kalol, District: Panchamahal and admeasuring Acre 1 27 Guntha at Village: Katol, Taluka: Kalol, District: Panchamahal;

(D) During the pendency of the petition, YOUR LORDSHIP may be pleased

not to. disturb the Applicants' possession over the land in question

C/COMA/26/2021 ORDER DATED: 20/01/2023

situated at Khata No. 27, Revenue Survey No. 9 at Village: Katol, Taluke; Kalol, District; Panchamahal and admeasuring Acre 1 27 Guntha at Village: Katol, Taluka: Kalol, District; Panchamahal;

(E) During the pendency of the petition, YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of order dated 22.09.2016 passed by Ld. Pricipal Civil Judge, Kalol, in R.C.S. No. 24 of 2014;

(F) YOUR LORDSHIPS may be pleased to pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;

3. Learned advocate Mr.Jayswal for the

Official Liquidator referred to and relied

upon the following averments in the report

dated 16th November, 2021 filed by the

Official Liquidator in these proceedings,

which reads as under :

"6. That, the Official Liquidator most respectfully further submits that the applicant vide letter dated 11.11.2016 requested to the Official Liquidator to

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take order from Court in matter of Mamlatdar and also see that the survey Nos. belonging to Kankaria Chemicals, the vendor have already sold the property to Kankaria Chemicals way back before 1988 but to reason unknown it has not been transferred in the name of Kankaria Chemicals and to request the Mamlatdar to enter name of Kankaria Chemicals. Upon receipt of the letter dated 11.11.2016 from applicant, the Official Liquidator vide letters dated 18.12.2016, 29.12.2016, 05.04.2017, 19.01.2018, 26.03.2018 and 15.05.2018 requested to the Mamlatdar to initiate immediate necessary action for placing the name of Kankaria Chemicals Industries Ltd. (In Liquidation) in 7X12 extract and intimate the status to the office of the Official Liquidator but no reply is received from the Mamlatdar. A copy of letter dated 11.11.2016 of applicant and copies of letters dated 18.12.2016, 29.12.2016, 05.04.2017, 19.01.2018, 26.03.2018 and 15.05.2018 issued to the Mamlatdar are annexed hereto and marked as Annexure "O" (colly).

7. That, the Official Liquidator most respectfully submits that the Official Liquidator vide letter dated 27.07.2017 appointed Shri Chaitanya Joshi, Advocate for the purpose of the investigation of the title of the property of Survey No. 9 at Village - Katol, Tal. Kalol, Dist. Panchmahal.

That, Shri Chaitanya Joshi, Advocate

C/COMA/26/2021 ORDER DATED: 20/01/2023

vide letter dated 03.10.2017 has submitted Title Clearance Report dated 03.10.2017 to the office of the Official Liquidator. As per Title Clearance Report, the Advocate concluded that the said lands are under the legal ownership of (i) Narayanbhai Aahjibhai (ii) Somabhai Dudhabhai (iii) Chhaganbhai Dhulabhai (iv) Ramabhai Kohyabhai being the decendants of the original owner Shri Kanabhai Jivabhai. Further in light of the final judgment and decree pronounced by the Civil Court, it is clearly established that these aforesaid persons are the exclusive, legal, valid joint owners of the said land. Hence, the company in liquidation does not have any Right, Title, Title or Interest over the said lands. A copy of the Title Clearance Report dated 03.10.2017 is annexed hereto and marked as Annexure "E".

8. That, the Official Liquidator most respectfully further submits that the Official Liquidator vide letter dated 08.11.2021 requested to the Mamlatdar, Kalol, Dist. Panchmahal to initiate action for placing the name of M/s. Kankaria Chemicals Industries Ltd. in revenue records as well as 7X12 extract of Khata No. 27, Revenue Survey No. 9 at Village - Katol, Tal. Kalol, Dist. Panchmahal and intimate to the Official Liquidator. A copy of letter dated 08.11.2021 issued to the Mamlatdar, Kalol is annexed hereto and

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marked as Annexure "F". The reply is awaited.

9. That, the Official Liquidator most respectfully further submits that if the aforesaid survey numbers are in the name of company in liquidation, the Official Liquidator will call meeting of Sale Committee and appoint a valuer for valuation of the present market value of the said property. The Official Liquidator will carry out fresh sale process of the remaining properties of the company in liquidation. The present application is misconceived and not maintainable and hence deserved to be dismissed."

4. In view of the above averments, as the

land (in question) for which the prayers are

made was never sold by the Official Liquidator

under the public auction, the applicants have

no locus to make any prayer with regard to the

land (in question) and hence, the application

is dismissed. Notice is discharged.

(BHARGAV D. KARIA, J) PALAK