Court No. - 9
Case :- MISC. COMPANY APPLICATION No. - 6 of 1995 Applicant :- In The Matter Of Saran Engineering Co.Ltd.
Counsel for Applicant :- R.P.Agrawal,A.K. Mishra,A.K. Sharma,Ajay Kumar Sharma,Arnab Banerjee,Ashwani Kumar Sachan,Dhruv Narayan,Harshita Raghuvanshi,J. Nagar,Krishna Murari,Kush Saxena,O.L. M.K. Bagri,O.L. O.P. Sharma,O.L.U.S. Patole,R.B. Trivedi,R.C. Srivastava,S.K. Gupta,Saurabh Sachan,V.K. Mishra,V.K.S. Somvanshi,V.K.Shukla Counsel for Opposite Party :- Vikram Nath,Anadi Krishna Narayana,Ashish Agarwal,Brijesh K. Pandey,C.L.Pandey,Chandan Sharma,Dhananjay Awasthi,Jayant Banerji,K.N. Mishra,M.D. Mishra,Manoj Kumar Pandey,Nitin Kumar Agarwal,O.L. M.K. Bagari,O.P. Misra,Om Prakash Sharma,P.K. Singh,Pankaj Bhatia,Rakesh Tiwari,Vipin Sinha,Vishal Kakkar
Hon'ble Anjani Kumar Mishra,J.
Heard.
Certain property belonging to the Company in Liquidation namely Saran Engineering Company Ltd. was auctioned by this Court in Liquidation proceedings. The auction purchaser of the immovable property was Mitra Mandal Sangathan. In so far as the movables were concerned they were purchased by one Gunjan Trading Company. The movables were handed over to the auction purchaser and that aspect of the liquidation proceedings have come to a close.
In so far as the purchase of immovables are concerned, a dispute has arisen as to who is the person who represents the auction purchaser namely Mitra Mandal Sangathan. It appears that on account of the pendency of this dispute, the possession of the property sold was not handed over by the Official Liquidator in totality. However, by order dated 23.07.2018, on an application was filed by Raj Kumar Agarwal, this Court had directed the Official Liquidator to hand over possession of the property purchased, within a period of three weeks.
An application for recall of the order dated 23.07.2018 has been filed by one K.D. Singh who claims to be the actual representative of Mitra Mandal Sanghathan.
Since, there is a dispute among members of the auction purchaser Mitra Mandal Sanghathan which as date is stated to a Registered Society, and, therefore, prima-facie, there appears to be a Management dispute entailing as to who is the actual representative of this Registered Society.
In my considered opinion this dispute is beyond the jurisdiction of the Company Court and for this reason alone this Court does not consider it appropriate to enter into the controversy.
Under the circumstances, the Official Liquidator is directed to take back possession of the property handed over by him, on 16.08.2018 and to seal the same.
The rival claimants namely Sri K.D. Singh and Sri R.K. Agrawal may obtain an order from a competent authority. Once such an order is obtained, possession shall be handed over to such party in whose favour the order has been passed by the competent authority.
Order Date :- 24.8.2018 Neeraj Digitally signed by ANJANI KUMAR MISHRA Date: 2018.08.28 17:45:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad