1. By way of this application, the applicant Secured Creditor has prayed for the following reliefs:
"(A) Your Lordships may be pleased to allow this application and direct Official Liquidator of M/s. Gujarat Indolubes Limited, respondent No.1 herein to pay and disburse in favour of applicant further amount of net sale proceeds realized from sale of factory land being Survey No.26/1-2 to 26/1-5 admeasuring 23129 sq.mtrs. of Village Khandiwala, Taluka Waghodia, District Baroda, and machineries installed therein which were mortgaged and hypothecated respectively in favour of the applicant.
(B) Your Lordships may be pleased to pass such other and further order/s as may be deemed fit and proper in the interest of justice."
2. In response to the notice issued by this Court, the Official Liquidator has filed the report, wherein it is indicated in paragraph-9 as under:
"9. That, the Official Liquidator further most respectfully submits that the Official Liquidator has filed Income-tax returns w.e.f. 2003-04 to 2006 to 07 in this company (In Liqn.). It is further submits that that the Official Liquidator has not received any Notice or communication from the Income-Tax Department regarding Income-Tax dues. However, there is some possibility of Income-Tax dues in the head of capital gain Tax. It is therefore, this Hon'ble Court may be pleased to permit the Official Liquidator to join Income-Tax Department through Jt. Commissioner of Income Tax, Range-4, Navjivan Trust Building, Ashram Road, Ahmedabad as party- respondent in present proceeding for considering their say."
3. Hence, Income-Tax Department through the Jt.
Commissioner of Income Tax, Range-4, Navjivan Trust Building, Ashram Road, Ahmedabad is permitted to added as respondent No.3.
4. Notice to the newly added respondent, returnable on 02.04.2012.
Direct service is permitted.
(R.M.CHHAYA, J.) ~gaurav~ Top