1. Heard Sri Pranjal Mehrotra, learned counsel for the Official Liquidator and Sri O.P. Mishra, learned counsel for the secured creditors IFCI Limited and IARC.
2. The Official Liquidator has submitted the O.L. report No. (Judl) 218 of 2014 dated 6th August, 2014 in compliance to the order dated 9th July, 2014. In paragraph no. 3 of the report, it is sated that sale notice was published by the Official Liquidator on 15th July, 2014 in three newspapers, namely, 'Amar Ujala (Hindi)', 'Dainik Jagran (Hindi)' and 'Times of India (English)' in respect of property of the company in liquidation being Plot No. 111M, 112M and 113M, Indira Nagar Colony, Raebareilly, U.P. Copies of relevant portion of the newspapers have been filed as Annexure no. 2. Inspection was allowed to prospective bidders on 24th July, 2014 and 25th July, 2014. Two persons inspected the property. In paragraph no. 6, it is stated that the Official Liquidator has not received any response from any of the authorities, namely, President / Chairman, Nagar Palika Parishad, Raebareilly in the matter of encroachment on the land of the company in liquidation.
3. Pursuant to the fresh advertisement one tender in sealed envelop has been received by the Official Liquidator which has been placed before this Court. On behalf of earlier tenderer, M/s STW Infrastructure Private Ltd., Indira Nagar, Lucknow, Sri Subhash Chandra Jha (authorized representative ) is present. The tender envelop has been opened in presence of parties. This tender has been given by M/s Platina Infratech Pvt. Ltd., 9, Kanpur Road, Civil Lines, Allahabad through Sri Asif along with a pay order No. 034695, dated 4th August, 2014 of Rs. 38,00,000/- of Axis Bank Ltd., Allahabad. The bid amount mentioned in this tender is Rs.1,55,00,000/-.
4. Bidding took place, in which M/s STW Infrastructure Private Ltd., Indira Nagar, Lucknow represented by the authorized representative Sri Subhash Chandra Jha has raised the bid Rs.1,83,00,000/-, the other tenderer M/s Platina Infratech Pvt. Ltd., 9, Kanpur Road, Civil Lines, Allahabad through Sri Asif who is present, has raised the bid to Rs.1,89,00,000/-.
5. The bid of M/s aforesaid M/s Platina Infratech Pvt. Ltd., 9, Kanpur Road, Civil Lines, Allahabad for Rs.1,89,00,000/- being the highest is accepted subject to compliance of terms and conditions of the tender and comments of secured creditors. The Official Liquidator is directed to proceed with the matter and to do needful in accordance with law. He is directed to encash the pay order / demand draft of Rs.38,00,000/- submitted by the tenderer M/s Platina Infratech Pvt. Ltd., 9, Kanpur Road, Civil Lines, Allahabad. The bank draft of M/s STW Infrastructure Private Ltd., Basement-165, Commerce Center, Faizabad Road, Indira Nagar, Lucknow submitted alongwith tender form be returned forthwith to them by registered post at the address given in the tender form.
6. The official liquidator is directed to communicate this order to all the secured creditors who may submit their comments with regard to the above noted highest bid, by 13.8.2014. Official liquidator shall also file a report in this regard. List / put up on 13.8.2014 in Chamber at 2.00 p.m. to consider the comments of secured creditors and the report of Official Liquidator. .
7. This Court repeatedly passed orders requiring the President / Chairman, Nagar Palika Parishad, Raebareilly to submit documents of title authorizing the possession over the part of the land of the company in liquidation or vacate it immediately.
8. By order dated 9th July, 2014 this Court passed the following order :
"Since, the President / Chairman, Nagar Palika Parishad, Raebareilly as well as the District Magistrate, Raebareilly has failed to respond despite the order dated 30th April, 2014 which was communicated to them by the Official Liquidator and as such it is directed that the President / Chairman Nagar Palika Parishad and the Collector Rae Bareilly shall comply with the order dated 30th April, 2014 within two weeks from today, failing which they shall appear in person before this Court on the next date fix along with records. This order shall be communicated by the Registrar General to the aforesaid two authorities within 48 hours. "
9. The aforesaid order dated 9th July, 2014 has been communicated by the Registrar General to the District Magistrate, Raebareilly and the President / Chairman, Nagar Palika Parishad, Raebareilly by letter dated 15th July, 2014. From the acknowledgment produced by the office, it appears that the communication of the aforesaid order dated 9th July, 2014 has been received by the President / Chairman, Nagar Palika Parishad, Raebareilly. However, they have not complied with the order dated 9th July, 2014.
10. Under the circumstances, one more opportunity needs to be afforded to them to comply with the orders of this Court dated 30th April, 2014 and 9th July, 2014 failing which the Court would be compelled to ensure their presence by issuing necessary warrants.
11. Let again this order alongwith copies of orders dated 30th April, 2014 and 9th July, 2014 be communicated by the Registrar General of this Court to the District Magistrate, Raebareilly as well as the President / Chairman, Nagar Palika Parishad, Raebareilly within three days.
12. Let this matter be listed on 20th August, 2014 for consideration of the matter relating to unauthorized possession of land of the company in liquidation and submission of documents of title by the President / Chairman, Nagar Palika Parishad, Raebareilly and the District Magistrate, Raebareilly. A copy of this order be also issued free of cost within 48 hours to the learned Chief Standing Counsel for the State of U.P. for communication of this order to the District Magistrate, Raebareilly as well as President / Chairman, Nagar Palika Parishad, Raebareilly. through the Principle Secretary, Local Bodies Government of U.P. Lucknow. Learned Chief Standing Counsel is requested to appear on the next date to apprise the Court with regard to the communication of the order to the aforesaid authorities.
Order Date :- 6.8.2014/Mukesh (Surya Prakash Kesarwani,J. )